Live Law

2026-05-14 09:03:05

  • Parmeshwar: much has been said about article 25, Part iii-individuality of the rights have to be respected. when mylords respect individuality, it must not ignore the inter connection of the rights. I am not saying all rights merge into one. constitutional morality is an example where you pick and choose, I am not saying this.

    integrity of part iii as a whole has to be accepted. 3 submission which affects it- in electoral bond says there is hierarchy of rights- its my submission there is no hierarchy.

    second, this restrict categorisation of horizontal and vertical is not there. the entire area of fundamental rights is available for mylords.

    I don't believe integrity of rights call for social, political because it doesn't see the interconnection of rights. mylords will say in matters of articles 25 and 26, article 14 may have limited play. I completely disagree with other side that rationality should be employed in articles 25 and 26. at the same time, mylords can't say the other FRs can't apply for instance, FGM is the best example where issues of bodily harm etc arise.

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