Unraveling Judicial Perspectives on Fundamental Rights: A Critical Analysis of Supreme Court Dissent Opinions

  • Himanshu Kushwaha and Adya Pandey
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  • Himanshu Kushwaha

    Student at Amity Law School, Lucknow, India

  • Adya Pandey

    Professor at Amity Law School, Lucknow, India

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The researh paper provides an exhaustive and retrospective overview of the Supreme Court dissenting opinions on fundamental rights, their significance, and the historic evolution. It highlights that dissent is a catalyst for legal change and explains different approaches within judicial opinions. The paper then moves to the Indian context, citing the functionality of dissent in shaping constitutional governance and guaranteeing fundamental rights. In addition, it outlines the challenges and limitations that dissenting opinions often face, including their effect on judicial decisions, their acceptance in the judiciary, and how they fare in the face of national crises. However, the author contend that even amidst such challenges, the dissenting justices carry on with the enrichment of the legal debate and, as they have always been doing, to keep up with the duty of the judiciary in upholding the fundamental rights and the rule of law. Finally, it highlights creating an environment conducive to dissent and ensuring that all views are given the chance for justice and equality.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3583 - 3592

DOI: https://doij.org/10.10000/IJLMH.117420

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