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The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving ...
The drafting of the Fundamental Rights was influenced by the adoption of the Universal Declaration of Human Rights by the U.N. General Assembly and the activities of the United Nations Human Rights Commission, [14] as well as decisions of the U.S. Supreme Court in interpreting the Bill of Rights in the American Constitution. [15]
The 13-judge Constitution bench of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual. In a verdict divided 7–6, the court held that while the Parliament has 'wide' powers, it did not have the power to destroy or emasculate ...
Vishaka and Ors. v. State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter, the Supreme Court of India is vested with all Jurisdiction. As per Article 124, The Supreme Court of India had been Constituted and Established.
In 1967, the Supreme Court reversed its earlier decisions in Golaknath v. State of Punjab. [12] A bench of eleven judges (the largest ever at the time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. The Supreme Court ...
The Constitution of India, enacted in 1950, specifically established the Supreme Court of India as well as high courts in the states of India as courts of record with the power to punish for acts of contempt. [5] Contempt of court is also a ground on which the right to freedom of speech in India can be restricted. [6] [7]
In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. [1] It is empowered to issue directions, orders or writs, including writs like habeas corpus , mandamus , prohibition, quo warranto and certiorari to enforce them.