consti ppt

Upload: suyogya

Post on 27-Feb-2018

215 views

Category:

Documents


0 download

TRANSCRIPT

  • 7/25/2019 Consti PPT

    1/5

    *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.

    J,+)I-$ .(

    -"'/0'-",/12th3uly125 14th

    3uly2558

  • 7/25/2019 Consti PPT

    2/5

    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......

  • 7/25/2019 Consti PPT

    3/5

    :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

  • 7/25/2019 Consti PPT

    4/5

    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.

    +"'" B': -'+$

  • 7/25/2019 Consti PPT

    5/5

    "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.

    EI$0(' EILL+ -'+$