The judiciary, especially the Supreme Court and High Courts, plays a crucial role in protecting Fundamental Rights in India. The Constitution empowers citizens to approach these courts when their rights are violated, ensuring that justice is accessible and effective.
Article 32 of the Constitution gives citizens the right to move the Supreme Court directly if their Fundamental Rights are infringed. This is called the Right to Constitutional Remedies, and Dr. B.R. Ambedkar called it the “heart and soul” of the Constitution. Similarly, Article 226 allows High Courts to protect these rights within their jurisdiction.
Courts protect rights through writs, which are legal orders. There are five types:
Habeas Corpus – to release a person wrongfully detained.
Mandamus – to direct a public official to perform a duty.
Prohibition – to stop a lower court from acting beyond its powers.
Certiorari – to transfer a case from a lower court.
Quo Warranto – to challenge someone’s right to hold a public office.
In landmark cases like Kesavananda Bharati v. State of Kerala (1973), the Supreme Court upheld that the basic structure of the Constitution, including Fundamental Rights, cannot be changed by Parliament. Similarly, in Maneka Gandhi v. Union of India (1978), the court expanded the interpretation of the Right to Life and Personal Liberty under Article 21.
Judiciary also ensures that laws and government actions do not violate constitutional rights. If they do, courts can strike them down.
The judiciary is the guardian of Fundamental Rights. It ensures that every citizen, regardless of status, has the ability to seek justice and protection under the law. This maintains democracy, equality, and rule of law in India.