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3) Explain the different generations of fundamental rights and examine the role that supreme court has played in expanding the scope of fundamental rights?(250 words) 

Topic: Indian Constitution – significant provisions and basic structure.

3) Explain the different generations of fundamental rights and examine the role that supreme court has played in expanding the scope of fundamental rights?(250 words) 

Key demand of the question

The question expects us to explain the broadened nature of fundamental rights courtesy supreme court’s liberal interpretation of our fundamental rights. We need to explain the three generation of rights that we have come to enjoy and how SC, through its progressive judgements, helped expand the scope of fundamental rights.

Directive word

Explain – explain the meaning of the three generation of rights and what we enjoy as part of our fundamental rights.

Examine – Here we need to delve deeper into the role that supreme court played in expanding the nature of fundamental rights and the impact it has had on the scope of fundamental rights.

Structure of the answer

Introduction – Explain the history and nature of evolution of fundamental rights in India.

Body

  • Explain what do we mean by first, second and third generation rights. Also highlight some first, second and third generation of fundamental rights that we enjoy
  • Examine the role played by judiciary in expanding the scope of fundamental rights. Highlight that the main reason has been that indian judiciary has not been passive and often takes the course of judicial activism. Highlight the judgement in some important cases like Olga Tellis v. Bombay Municipal Corporation (1985), MC Mehta, Subash Kumar v. State of Bihar etc through which second and third generation rights came to be enjoyed as fundamental rights.

Conclusion – Highlight the impact that SC’s judgement had on expanding the nature and scope of Fundamental rights in India.

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