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Fundamental right is a right that has its origin in a country's
constitution or that is necessarily implied from the terms of that
constitution.
‘Fundamental rights’ are the primordial rights necessary for the
development of human personality. They are the rights which enable a man to
chalk out his own life in the manner he likes best. They are embodied in
Part III of the Constitution. They are the rights of the people preserved
by our Constitution.
Fundamental rights are given a transcendental position under our
Constitution and are kept beyond the reach of Parliament. According to
Hidayatullah J, fundamental rights are those rights which the state
enforces against itself. ….. [L C Golak Nath vs. State of Punjab AIR 1967
SC 1643 at 1656 & 1708]
Gross violation of fundamental rights should shock the judicial conscience
and force it to leave aside the traditional procedure which shackles the
locus standi and gives standing to the petitioners. Unless the Court
responds to it, governmental agencies would be left free to subvert the
rule of law to the detriment of the public interest. ….. [Ekushey
Television Ltd. & ano. vs. Dr. Chowdhury Mahmood Hasan ors., 22]
The Court has the constitutional responsibility to ensure that the
fundamental rights of a citizen are preserved and protected. The Court gave
necessary directions to the relevant authorities for taking appropriate
actions against those who are responsible for colossal negligence of duty
causing immense sufferings to innocent citizens. ….. [The State vs.
Deputy Commissioner, Satkhira and others, 14 BLD (HCD) 266]
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