Fundamental Rights and Judicial Review

Fundamental Rights

• Definition: Basic rights guaranteed by the constitution to protect individuals from state action.
• Types of Rights:
  • Right to Equality: Equal protection under the law and prohibition of discrimination.
  • Right to Freedom: Freedom of speech, assembly, movement, etc.
  • Right against Exploitation: Prohibition of human trafficking and forced labor.
  • Right to Freedom of Religion: Freedom to practice any religion.
  • Cultural and Educational Rights: Right of minorities to conserve culture and establish educational institutions.
  • Right to Constitutional Remedies: Right to approach courts for enforcement of rights.

Judicial Review

• Definition: Power of the judiciary to review and, if necessary, invalidate legislative and executive actions that violate the constitution.
• Purpose: Ensures that all laws and actions are in compliance with constitutional provisions.
• Scope:
  • Review of laws for constitutionality.
  • Protection of fundamental rights against infringement.
  • Maintenance of checks and balances among branches of government.
• Judicial Activism vs. Judicial Restraint:
  • Activism promotes active judicial intervention.
  • Restraint emphasizes limited engagement, respecting legislative intent.

Constitutional Supremacy

• Definition: The principle that the constitution is the supreme law of the land, overriding any conflicting legislation or actions.
• Significance:
  • Establishes the hierarchy of laws, with the constitution at the top.
  • Ensures that all laws passed by the legislature must conform to constitutional provisions.
• Implications:
  • Any law inconsistent with the constitution is void.
  • Strengthens the rule of law and protects against arbitrary actions by the state.
• Amendments:
  • The constitution can be amended but fundamental rights often have special protections.
  • Some provisions are deemed unamendable, preserving constitutional integrity.

Fundamental Rights

• Fundamental Rights are guaranteed by the constitution to protect individuals from state action.
• Types of Rights:
  • Right to Equality: Ensures equal protection under the law and prohibits discrimination.
  • Right to Freedom: Includes freedom of speech, assembly, movement, and more.
  • Right against Exploitation: Prohibits activities like human trafficking and forced labor.
  • Right to Freedom of Religion: Guarantees the freedom to practice any religion.
  • Cultural and Educational Rights: Enables minorities to preserve their culture and establish educational institutions.
  • Right to Constitutional Remedies: Allows individuals to approach courts to enforce their rights.

Judicial Review

• Definition: Judicial review grants the judiciary the power to review and potentially invalidate legislative and executive actions that conflict with the constitution.
• Purpose: To ensure that all laws and government actions adhere to constitutional provisions.
• Scope:
  • Review of laws to assess their constitutionality.
  • Protection of fundamental rights against infringement.
  • Maintenance of a balance of power among branches of government.
• Judicial Activism vs. Judicial Restraint:
  • Activism: Advocates for active judicial intervention to shape laws and policies.
  • Restraint: Emphasizes limited judicial engagement, respecting the intent of the legislature.

Constitutional Supremacy

• Definition: The constitution is the supreme law of the land, taking precedence over any conflicting legislation or actions.
• Significance:
  • Establishes a hierarchy of laws, with the constitution at the top.
  • Ensures that all laws passed by the legislature must comply with constitutional provisions.
• Implications:
  • A law inconsistent with the constitution is invalid.
  • Strengthens the rule of law, preventing arbitrary state actions.
• Amendments:
  • The constitution can be amended, but fundamental rights often have specific protections against alteration.
  • Some provisions are considered unamendable, ensuring the constitution's integrity.

Explore the essential concepts of Fundamental Rights guaranteed by the constitution, including types such as Right to Equality, Right to Freedom, and more. Additionally, understand the significance of Judicial Review in ensuring compliance with constitutional provisions. This quiz is designed to test your knowledge on these crucial topics.