10-27-2006, 03:25 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>SC has the last word on 'rights' and basic structure of the Constitution</b>
Mirrored at: http://kalyan96.googlepages.com/constitutionalright.doc
The Bench said courts must interpret the Constitution in a manner which would enable the citizens to enjoy the rights guaranteed by it in the fullest measure. It cited the example of Article 21 of the Constitution guaranteeing right to life.
"The expression 'life' in Article 21 does not connote merely physical or animal existence. The right to life includes right to live with dignity," said Justice Kapadia, who authored the unanimous judgment.
Culling out the essential features of various landmark judgments of the apex court, the Bench also laid down the standards for testing the validity of the amending powers of Parliament.
Parliament's amending power, in a given case, can be termed to have been exercised in breach of the constitutional provisions if it could be proved that a particular enactment has violated a principle that is intrinsically part of the basic structure of the Constitution, it said.
The apex court said, "In order to qualify as an essential feature, a principle has to be first established as part of constitutional law and as such binding on the legislature.
"Only then, it can be examined whether it is so fundamental as to bind even the amending power of Parliament, that is, to form part of the basic structure of the Constitution. This is the standard of judicial review of constitutional amendments in the context of the doctrine of basic structure."
http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28160
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s. kalyanaraman <!--QuoteEnd--><!--QuoteEEnd-->
Mirrored at: http://kalyan96.googlepages.com/constitutionalright.doc
The Bench said courts must interpret the Constitution in a manner which would enable the citizens to enjoy the rights guaranteed by it in the fullest measure. It cited the example of Article 21 of the Constitution guaranteeing right to life.
"The expression 'life' in Article 21 does not connote merely physical or animal existence. The right to life includes right to live with dignity," said Justice Kapadia, who authored the unanimous judgment.
Culling out the essential features of various landmark judgments of the apex court, the Bench also laid down the standards for testing the validity of the amending powers of Parliament.
Parliament's amending power, in a given case, can be termed to have been exercised in breach of the constitutional provisions if it could be proved that a particular enactment has violated a principle that is intrinsically part of the basic structure of the Constitution, it said.
The apex court said, "In order to qualify as an essential feature, a principle has to be first established as part of constitutional law and as such binding on the legislature.
"Only then, it can be examined whether it is so fundamental as to bind even the amending power of Parliament, that is, to form part of the basic structure of the Constitution. This is the standard of judicial review of constitutional amendments in the context of the doctrine of basic structure."
http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28160
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s. kalyanaraman <!--QuoteEnd--><!--QuoteEEnd-->