New focus of Judiciary: Balancing Fundamental Rights of people
Every law and every action of Government is crosschecked with fundamental rights of citizens.
Courts have duty to struck down such laws or actions which may violate fundamental rights.
The trend has slightly changed.
During hearing of case, former Chief Justice S. H. Kapadia said, time has come when we have to seek a balance between this rights.
For example one action may be violating Art.21 of one person and yet it may be necessary to protect Right of 19(g) of another person. Here the court will have to balance these fundamental rights, looking at larger good of people.
Hence, the new trend is more towards balancing fundamental rights and less towards absolutely protecting fundamental rights.
Haresh Raichura
15/10/13
