JUDICIAL ACTIVISM UNDER ARTICLE 21AND HOW IT PROTECTS FUNDAMENTAL RIGHTS IN INDIA: AN OVERVIEW

Abstract

This paper outlines the fundamental rights enshrined in the Indian Constitution for people. The most fundamental rights needed for upholding human dignity are fundamental rights. This right affirms that nobody is above the law by giving people rights not to be taken by the government. This right further confirms the concept of natural law. Chapter III of the Constitution protects fundamental rights, which include rights such as the right to equality (Articles 14-18), independence (Articles 19-22), outreach (Articles 23-24), and religious freedom (Articles 24 to 28), (Articles 32-35) Fundamental rights were the foundation of the Constitution and were adjudicated extensively. This article highlights two instances of the fundamental right of freedom in India. This study looked at two cases of human rights violations and freedom of deference — the concept of human rights, justification standard, evidence burden, and cogency of argument — as well as a three-dimensional scale of not deference, moderation, and high deference. The article is intended for courts of common law that take account of the stage method of the award of rights. The courts first inquire whether the rights have been prima facie restricted and then proceed to evaluate this restriction using a proportionality test. In addition, it analyses the descriptive studies of the growing violation of India's human rights and judicial activism.