India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters — each chapter is again divided into parts — the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoner’s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights — equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights — social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens.
The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment.
This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community.
KEY FEATURES :
Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights.
Highlights the need for testing the laws on the touchstone of Secularism.
Shows the need for balancing the State’s regulatory power and educational rights of the minorities.
Gives recent Supreme Court decisions in the Addenda at the end of the book.