ISSN No: 2231-5063
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Article Name :
RIGHT TO MONETARY COMPENSATION FOR VIOLATION OF FUNDAMENTALS RIGHTS
Author Name :
B. P. Tiwari
Publisher :
Ashok Yakkaldevi
Article Series No. :
GRT-4747
Article URL :
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Abstract :
Under the British Constitution or constitution of United States of America right to constitutional remedy was available to person who had suffered legal injury. This position of law has been styled as right to locus standi but with the advent of judicial activism in this field right to locus standi has been relaxed and expanded in the British and American constitution including constitution of India. Right to life and personal liberty provided under Article 21 is the anchor sheet of judicial activism. The expression “personal liberty” covers a variety of rights which go to constitute the personal liberty. The activist interpretation of Article 21 has pave the way of several New fundamental at rights. For instance right to privacy, right to shelter, right to speedily trial right, to free legal aid right to get food, right to education and right to monetary compensation for violation fundamental rights etc. have been interpreted to be in corporate in the purview of Article 21.
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