Authors : Sathish N. Gowda
Page Nos : 209-210
Description :
A Constitution without fundamental rights will become zero. The very object of
constitution of three organs viz; Legislature, Executive and Judiciary under the
Constitution of India is to protect, preserve and promote fundamental rights guaranteed
under part-III. In India, along with express fundamental rights, Supreme Court has also
recognized implied fundamental rights. But, unfortunately State has not been
implementing these implied fundamental rights. In this regard, this research paper
discusses the catalogue of implied fundamental rights evolved by the judiciary in
interpreting Article 21 of the Constitution of India and seeks to examine the effects and
applicability of these rights in India.
Keywords:
Fundamental Rights, Judicial Activism, Procedure Established by Law, Implied
Fundamental Rights