Right to Life as Basic Structure of Indian Constitution

Right to life in the British India was not guaranteed as a constitutional right. However, its demand was tremendous. After Independence, it was incorporated in the Constitution under Article 21. However, it was not an absolute fundamental right, but could be taken away by an ordinary legislation. In early judicial challenges, it could not be recognized as a part of basic structure. Life, under right to life, was literally interpreted as a vegetative or an animal life. However, Maneka Gandhi case was a big bang in its evolutionary history, wherein the Supreme Court of India distinguished human life with an animal life, and held that it included all amenities necessary for human dignity. After recognition of the basic structure of the Constitution, it was also accepted as a part of the basic structure, which could not be taken away even by a constitutional amendment.&nbsp

Derogation of Human Rights under the Covenant and their Suspension during Emergency and Civil Martial Law, in India and Pakistan

Human rights are so fundamental and inalienable that they can-not be denied to any human being on any ground. Moreover, they are always available to everyone at all times. Few are available to citizens only, and few are subject to reasonable restrictions imposed by law. In addition, they are not available when life of a nation is jeopardized, particularly, in exceptional circumstances of an emergency or Civil Martial Law. The International Covenant on Civil and Political Rights 1966 as well provides human rights both in normal and abnormal situations of a State. It permits to derogate their availability. Not only the Covenant permitted derogation of human rights, in exceptional cases but the Constitutions of India and Pakistan also authorized the governments to suspend them, during the promulgation of emergencies. However, right to life was saved from the clutches of a Government, during a constitutional emergency, after 44th Amendment in the Indian Constitution. Similarly, its protection, under Article 4 of the Constitution of Pakistan 1973, compelled the Government to keep its hands off to suspend it during the promulgation of an emergency. Now, both in the Constitutions of India and Pakistan, it is immunized from suspension, during an emergency or Civil Martial Law, nevertheless, the protection is by two different legal schemes.&nbsp

Basic Structure of Constitution: Impact of Kesavananda Bharati on Constitutional Status of Fundamental Rights

Kesavananda Bharati was a mile stone in the constitutional history of India after Golak Nath. In Golak Nath, the Indian parliament was incapacitated to amend any fundamental right, guaranteed in the Constitution, while in Kesavananda case, the amendment power of Parliament was recognized, but was limited to the extent that it would not take away the basic structure of the Constitution. However, what was basic structure could be agreed upon. Gradually, in the following cases, fundamental rights were recognized as a part of basic structure therefore, unamendable by Parliament, even with hundred percent majorities of its both Houses. Later case-law, categorically established that Article 21, along with other fundamental rights, was also a part of the basic structure. Now, it is well-recognized principle that any constitutional amendment can be tested on the yardstick of Article 21.&nbsp

Understanding Terrorism and the Ways to Root Out: Perceptions and Realities

The complex phenomenon of terrorism has emerged out as a constant threat for every country which is present on this planet. This paper is an attempt to describe how terrorism has emerged since the history upto its present form. The paper will also explain its different versions along with the reasons which lead to the formation of terrorist. It will conclude with the suggestions how to curb and root out terrorism for the survival of mankind