http://irgu.unigoa.ac.in/drs/handle/unigoa/7 Tue, 28 Apr 2026 12:43:25 GMT 2026-04-28T12:43:25Z http://irgu.unigoa.ac.in/drs/handle/unigoa/7833 Judiciary as the guardian of civil liberties in India: A constitutional and jurisprudential analysis Gawas, V.M. The judiciary in India stands as the constitutional guardian and defender of civil liberties-the foundational pillars of democracy that protect citizens against arbitrary state action. Civil liberties encompass the right to equality, freedom of speech, privacy, and personal liberty, which derive their authority from the Indian Constitution, particularly Part III. Through landmark judgments such as Kesavananda Bharati v. State of Kerala (1973), Maneka Gandhi v. Union of India (1978), and Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court has expanded the contours of fundamental rights, emphasizing that liberty and dignity are intrinsic to human existence. This research explores the judiciary's interpretative evolution, its role in checking legislative and executive excesses, and the challenges it faces in the digital age. It argues that an independent judiciary is indispensable for maintaining the balance between individual rights and collective interests in a constitutional democracy. The paper concludes that judicial review, constitutional morality, and progressive interpretation remain the most potent instruments in safeguarding civil liberties in contemporary India. Wed, 01 Jan 2025 00:00:00 GMT http://irgu.unigoa.ac.in/drs/handle/unigoa/7833 2025-01-01T00:00:00Z http://irgu.unigoa.ac.in/drs/handle/unigoa/7832 Evolving interpretation of due process in criminal justice in India Gawas, V.M. The concept of due process in Indian criminal justice has evolved significantly since the adoption of the Constitution. Rooted in Articles 21 and 22, the principle ensures that personal liberty is not deprived arbitrarily and that all legal processes are fair, just, and reasonable. Through landmark judicial pronouncements such as Maneka Gandhi v. Union of India (1978), Kharak Singh v. State of Uttar Pradesh (1964), Vishaka v. State of Rajasthan (1997), and recent cases including Shayara Bano v. Union of India (2017) and Navtej Singh Johar v. Union of India (2018), the Indian judiciary has expanded the notion of due process to encompass privacy, equality, dignity, and protection against arbitrary action. This study examines the historical evolution, judicial interpretation, and contemporary application of due process in India's criminal justice system, highlighting the dynamic role of the judiciary in safeguarding individual rights. Mon, 01 Jan 2024 00:00:00 GMT http://irgu.unigoa.ac.in/drs/handle/unigoa/7832 2024-01-01T00:00:00Z http://irgu.unigoa.ac.in/drs/handle/unigoa/7828 Collective bargaining and labor unions: Historical perspectives and future trends in India Gawas, V.M. Collective bargaining and trade unionism constitute the cornerstone of industrial democracy and participatory governance in modern labour jurisprudence. India's experience with collective bargaining reflects a complex interweaving of colonial industrial relations, nationalist political movements, and post-constitutional commitments to social justice. The paper traces the historical evolution of collective bargaining from the late nineteenth-century labour associations through the statutory consolidation of the Trade Unions Act, 1926 and the Industrial Disputes Act, 1947, situating these developments within the broader socioeconomic framework of India's planned industrialisation. It examines judicial interpretation by the Supreme Court of India, which has balanced the constitutional right to association under Article 19(1)(c) with public-order and managerial prerogatives. Drawing on secondary sources-including statutory texts, case law reports, law-review articles, and government publications-the study identifies structural barriers that hinder effective collective bargaining: the proliferation of politically affiliated unions, the predominance of informal labour, employer contractualization, and procedural backlogs. The analysis shows that despite a robust statutory scheme, collective bargaining in India remains fragmented and sector-specific, thriving in public-sector undertakings but weak in private and informal domains. The paper concludes that revitalising collective bargaining in India requires an integrated approach combining legal reform, institutional restructuring, and recognition of new worker collectivities suited to twenty-first-century labour markets. Wed, 01 Jan 2025 00:00:00 GMT http://irgu.unigoa.ac.in/drs/handle/unigoa/7828 2025-01-01T00:00:00Z http://irgu.unigoa.ac.in/drs/handle/unigoa/7829 Rethinking social justice: Constitutional basis and judicial perspectives on reservation for backward classes in India Gawas, V.M.; Shirvoikar, S. The Indian Constitution seeks to harmonize personal liberty and collective equality, offering a foundational approach to remedying persistent social inequities through reservation policies. Dr. B.R. Ambedkar's vision shaped this system, which commits the State to actively challenge caste-based hierarchies and foster genuine substantive equality. Social justice, as envisaged by the framers, transcends distributive fairness, serving as a transformative constitutional value aimed at restructuring entrenched social relations. For the framers, social justice was not limited to fair distribution; rather, it was a transformative, constitutional principle designed to reshape deep-rooted societal structures. This paper revisits the philosophical and constitutional foundations of India's reservation policy, tracing its judicial evolution and contemporary challenges, with a focus on Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It examines judicial discourse from State of Madras v. Champakam Dorairajan to Indra Sawhney v. Union of India, illustrating how the Supreme Court has sought to balance equality with administrative efficiency. While reservation remains a vital instrument of social inclusion, its long-term legitimacy relies on periodic reassessment and adherence to constitutional morality. Wed, 01 Jan 2025 00:00:00 GMT http://irgu.unigoa.ac.in/drs/handle/unigoa/7829 2025-01-01T00:00:00Z