Author: P Ishwara Bhat
Foreword/Introduction: M N Venkatachaliah
Publisher: Eastern Law House
Year: 2004
Language: English
Pages: 673
ISBN/UPC (if available): 8171771580
Description
Concerted application and harmonious balancing of competing values underlying the constitutional provisions on Fundamental Rights have expanded and moulded the constitutional jurisprudence of the country. This work makes a comprehensive and critical study of this development.
Right to strike or call a bundh or to hold a demonstration or conduct a procession or the right to acquisition of place of worship or property of minority institutions, capitation fee and right to education, fundamental rights and duties, contempt of court and freedom of speech, directive principles of state policies and the right to personal liberty and their relationship with other laws under the Constitution have been discussed in great details.
The contribution of their interrelationship in the domain of equality, freedom and due process jurisprudence extending to all other spheres has been elaborately discussed in the background of case laws where necessary and keeping in view human dignity and welfare, secularism, multiculturalism and economic justice. The current debate on review of the Constitution is also focused with reference to a holistic interpretation of Part III of the Constitution.
The book traverses a new field and it will be of great assistance to constitutional lawyers judges, research scholars and even to the laymen seeking for guidance in respect of their rights and duties as citizens of the state.
Contents
Foreword
Preface
Table of Cases
Bibliography
Abbreviation
Chapter 1
Introduction
Chapter 2
Conceptual Analysis of Interdependence, Balancing and Priorities among Fundamental Rights
Chapter 3
Historical Experiences about Interaction of Human Rights Values in India
Chapter 4
Procedural Due Process and the Interactions - Towards the Matrix of Fairness
Chapter 5
Substantive Due Process, Reasonableness and the Interrelationship
Chapter 6
Right to Equality and the Interrelationship
Chapter 7
Right to Constitutional Remedy - Interactions for Better Enforcement
Chapter 8
Positive Dimensions of Right to Life, Aspects of Personal Liberty and the Interrelationship
Chapter 9
Rights Against Exploitation and the Interrelationship for Empowerment
Chapter 10
Freedom under Article 19 - Interactions for Good Citizenship
Chapter 11
Freedom of Religion - Interactions for a Secular Order
Chapter 12
Cultural, Educational and Minority Rights - Towards Multiculturalism
Chapter 13
Right to Property and the Interrelationship of Fundamental Rights - Towards Economic Justice
Chapter 14
Interrelationship of Fundamental Rights and other Parts of the Constitution
Chapter 15
International Human Rights Discourse and the Interrelationship
Chapter 16
Does Part III require Amendments? A Review Discourse and the Interrelationship
Chapter 17
Conclusions
Appendix
The Constitution of India
Index