Consti PPT
Transcript of Consti PPT
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*16th& Longest serving chief Justice of India for 7years and 4 months.
*Popularly no!n as Iron handsafter his !ellregarded un!illingness to let anything slip past him.
*"as done remara#ly !ell to lay his indeli#le marin the annals of Indian legal history.
*$merged as the %nest pu#lic prosecutor #ecause of
his outstanding arguments in ''(')I+ case.
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1. 9:L;' )$LLI+ -'+$< conduced a ne! approach to right tolife. $=tension of concept 9right to life< to 9 right to live !ithhuman dignity< is the epoch maing interpretation ofconstitutional rights !hich paved !ay for humanistic approachto la!. "is memora#le !ords imprinted in all the #oos overthe !orld are> there can #e no estoppel against theconstitution? the constitution is not only the paramount la! of
the land ? #ut it is the source of sustenance of all the la!s. 9Itsprovisions are conceived in pu#lic interest and are intended toserve pu#lic purpose.< right to life !as !idened enough so as to#ring the 9right to livelihood< !ithin the purvie! of right to life underarticle 21 of constitution.
*"isLandmar Judgements !hich hasproved to #e a milestone in the @uest of
3ustice and e@uality among deprivedones......
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:n 2th'pril 176 the #lacest day of Indian 3udiciary? 3ustice
-handrachud !ent further in his euology !hen he ended his3udgement statingA 9 counsel after counsel e=pressed the fear that
during the emergency? the e=ecutive may !hip and strip and starve
the detenue and if this #e our 3udgement and can even shoots themdo!n. +uch misdeeds have not only tarnished the records of free India
#ut also i have a diamond>#right? diamond> hard hope that such things!ill never come to pass.
By preserving a presidential order that>no person has any locus tomove any writ petition under article 226 before a high court for habeas
corpus or any other writ or order or direction to challenge the legality
of an order of detention, he said- my apology does not restore the faithof people in Indian judiciary. What happened in this case was not amomentary lapse in the judgement. It was a disgrace to the supreme
court. There must be a transparency in the appointment of judges
through judicial commission in every stage of their appointment.
)he "a#eas -orpus -ase
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Judgement delivered #y 3ustice -handrachud #ecame alandmar one in muslim !omens search for 3ustice &e@uality.
)he 3udgement made !aves all over the country !hich
!as passed under section 12C of criminal procedurecode? 17D that the destitute divorced !ife is entitledfor maintenance after divorce? !ould #e applica#le toIndian Euslim.
'lso secular legislation to order maintenance
compensation to the divorced muslim !omen? latermodi%ed #y 0a3iv ;andhi government #y Euslim!omenFs 'ct 16 !hich diluted the secular
3udgement.
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"e provided a ey clari%cations on theinterpretation of #asic structure doctrine.
"e ruled that po!er of the parliament of India
to amend the constitution is limited #y theconstitution.
)he parliament cannot e=ercise this limitedpo!er to grant itself an unlimited po!er.
Parliament po!er to amend is not a po!er todestroy.
Parliament cannot emasculate thefundamental rights of individuals.
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