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The Role Of The Judiciary In Protecting Human Rights Under The Indian Constitution: A Critical Analysis




Diwakar Prasad Dwivedi, Khwaja Moinuddin Chisti Language University Lucknow

Piyush Kumar Trivedi, Khwaja Moinuddin Chishti Language University Lucknow


ABSTRACT


The Indian legal executive assumes a significant part in shielding basic freedoms as cherished in the nation's Constitution. This paper gives a basic examination of the legal executive's part in safeguarding common liberties, zeroing in on key sacred arrangements, milestone decisions, and difficulties looked in guaranteeing basic freedoms are maintained. The Constitution of India ensures crucial privileges to every one of its residents, including the right to life and individual freedom, the right to speak freely of discourse and articulation, equity under the steady gaze of the law, and insurance against separation.


The legal executive, especially the High Court and High Courts, goes about as a watchman of these privileges by deciphering and implementing sacred arrangements. A few milestone decisions have contributed fundamentally to the security of basic liberties in India. For example, the Kesavananda Bharati case laid out the tenet of essential design, which restricts Parliament's ability to revise specific basic freedoms. The Vishaka case tended to lewd behavior in the work environment and set down rules for forestalling and reviewing such episodes. These and different choices have molded the law on basic freedoms in India. Nonetheless, the legal executive likewise faces difficulties in actually safeguarding basic freedoms. Postpones in the removal of cases, absence of admittance to equity for minimized networks, and legal activism versus legal restriction discusses are a portion of the issues that influence the legal executive's part in maintaining basic liberties.


This paper fundamentally analyzes these difficulties and recommends measures to reinforce the legal executive's job in safeguarding common freedoms. These actions incorporate working on legal foundation to facilitate case removal, advancing lawful mindfulness among underestimated gatherings, and encouraging a decent methodology between legal activism and regard for official aim.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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