Constitutional Rights in India An Assessment of Judgments of Justice P. N. Bhagwati

Abstract

The fundamental rights of the citizens are enshrined in Indian Constitution.
The Supreme Court of India and the High Courts during the last seven decades
have rendered hundreds of judgments in perfecting the rights of the citizens and
thereby contributing immensely to the Rights Jurisprudence. Some of the judges
were active enough in securing the rights for the citizenry which sometimes
dubbed as judicial activism. Justice P.N. Bhagwati is one of them.
Justice Bhagwati the 17th Chief Justice of India, proved to be a harbinger of
Fundamental Rights of citizens through his judgments. He introduced Post Card
Petition culture in the Indian Judicial System. He was in the forefront for the cause
of free legal aid to the poor; labourers’ rights; rights of prisoners and inmates; etc.
The remarkable judgements rendered by the Supreme Court with Justice
P.N. Bhagwati on the Bench are Maneka Gandhi vs Union of India; Bachan Singh Vs
State of Punjab; Bandhua Mukti Morcha Vs Union of India; Hussainara Khatoon Vs
State Of Bihar; Dr. Upendra Baxi Vs State Of Uttar Pradesh; S.P. Gupta Vs President Of
India; Bihar Legal Support Society Vs Chief Justice of India; Kadra Pehadiya vs State
Of Bihar; Munna Vs State of Uttar Pradesh; Sheela Barse Vs. Union of India;
Additional District Magistrate, Vs. S. S. Shukla; Waman Rao Vs Union of India; Peoples
Union for Democratic Rights Vs Union of India; etc.
This article will attempt to analyse his judgements which circumvent the
Fundamental Rights. The year 2021 happens to be his birth centenary. This Article
is an attempt to pay tribute to this eminent judge.