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Research Article

EEO. 2020; 19(4): 5023-5029


Principles Of Fundamental Rights And Modern-Day Challenges

Dr. Mahesh Koolwal, Ms. Apeksha Sharma.




Abstract

Fundamental Rights are the basic freedom granted with certain restrictions to humans. These rights are distributed in 6 categories the Fundamental equality right, the Fundamental freedom rights, rights which prohibit exploitation, rights practice any religion, right to attain culture and education and lastly protected by Constitutional remedies.
The Dicey doctrine rule of law is fully adopted in express under Indian Constitution. British jurist Albert Venn Dicey in 1885, define three basic principles of law
Supremacy of law: government cannot punish anyone arbitrarily
Equality before law: no man is above law
Pre dominance of judicial pronouncements: Interpretation of law by superior courts is binding on lower Courts.
This paper studies some basic principles of Fundamental rights which are influencing judiciary according to change in world. The judiciary continuously works to finds creative solutions for problems arising due to certain rights granted to people of country, these are interpreted by judicial pronouncement and in light of various doctrine across where the right is also safe guarded by judiciary.
The author aims to explore challenges faced by judiciary in protection of Fundamental rights with changing world and involvement of digital technology after sudden impact of pandemic.

Key words: Rule of Law, Judicial Review, Fundamental Rights, and Constitution of India.






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