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State of Madras, which had implied the exclusiveness of fundamental rights, and established a relationship between Articles 14, 19, and 21 of the Constitution (known as the 'golden triangle' or 'trinity'), [1]: 222 holding that a law depriving a person of 'personal liberty' must not violate any of them.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. ... Article 21: Protection of life and personal ...
Article 35 of the Indian Constitution is a provision that gives the Parliament the exclusive power to make laws on certain matters related to the fundamental rights, such as the reservation of public employment, the application of fundamental rights to the armed forces, the restriction of fundamental rights during martial law, and the ...
In addition to Article 13, Articles 32, 226 and 227 provide the constitutional basis for judicial review. [72] Due to the adoption of the Thirty-eighth Amendment, the Supreme Court was not allowed to preside over any laws adopted during a state of emergency which infringe fundamental rights under article 32 (the right to constitutional remedies ...
The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each House of Parliament. [29] The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President. [30]
Articles 6–11 refer to the fundamental legality of human rights with specific remedies cited for their defence when violated. Articles 12–17 set forth the rights of the individual towards the community, including freedom of movement and residence within each state, the right of property, the right to a nationality and right to asylum.
The Indian Supreme Court with nine-judge bench under JS Khehar, ruled on 24 August 2017, that the right to privacy is a fundamental right for Indian citizens per Article 21 of the Constitution and additionally under Part III rights. Specifically, the court adopted the three-pronged test required for the encroachment of any Article 21 right ...
The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15, and 21 of the Constitution. [6] Their rights are not "so-called" but are real rights founded on sound constitutional doctrine. They inhere in the right to life. They dwell in privacy and dignity.