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Analysis reveals class bias in judicial decisions, suggesting implications for fundamental rights in India.
This article is all about the relation between the working-class and the judiciary. The evidences gathered from the analysis of the higher and highest judicial pronunciations show that judiciary by and large behaves as being corporate friendly and on many an occasion, it has gone on against the poor working classes. At the beginning, the words and terms such as bias and class have been defined and presence of class-bias in judiciary is investigated. This article discusses the relationship between the fundamental rights in Part-II and Part-IV of the Constitution of India. Article 43A is discussed as the first step towards accomplishment of socialism in India. The decision of Supreme Court of India in BALCO Employees Association and the Union of India is analyzed to a good extent from the stand-point of natural justice and the history of industrial democracy has been highlighted. The decision of Bombay High Court in the Writ Petion No. 305 of 1995 has been analyzed to show how the lives of the four lakhs of poor slum dwellers in the so called Sanjaya Gandhi National Park region in Bombay got demolished by the armed state under the supervision of the Court. Some reliable information has been shared to show that judges are yet to get rid of caste and class prejudice.
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Jena et al. (2025) studied this question.
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