Abstract
The judiciary, known as the guardian of fundamental rights, plays a crucial role in protecting the rights of every individual. This article explains how the judiciary safeguards fundamental rights (F.R.) in India through judicial review, judicial activism, and writ jurisdiction.
It also examines landmark Indian case studies that demonstrate the judiciary’s vital role in ensuring justice and upholding democracy.
Introduction
Fundamental Rights, enshrined in Part III of the Indian Constitution, are the essential freedoms every person needs—such as the right to life, liberty, and expression.
However, rights on paper mean little without enforcement. This is where the judiciary steps in as their guardian, ensuring that laws and executive actions remain consistent with the Constitution.
Fundamental Rights are the cornerstone of Indian democracy, and the judiciary protects them through:
- Judicial review
- Judicial activism
- Five constitutional writs (Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto)
Role of Judiciary in Protecting Fundamental Rights
Judicial Review
Judicial review allows courts to examine laws and strike down those that violate fundamental rights.
- Example: K.S. Puttaswamy vs. Union of India (2017) – Right to Privacy was recognized as a Fundamental Right under Article 21.
Judicial Activism
Through activism, the judiciary interprets and expands rights, shaping public policy and addressing social issues.
- Example: Navtej Singh Johar vs. Union of India (2018) – Decriminalized consensual same-sex relations by striking down Section 377 IPC.
Writ Jurisdiction
Articles 32 and 226 empower citizens to approach the Supreme Court or High Courts when rights are violated. Courts can issue five types of writs:
- Habeas Corpus – “You may have the body”; protects against unlawful detention.
- Mandamus – “We command”; directs officials to perform legal duties.
- Prohibition – Stops lower courts from exceeding jurisdiction.
- Quo Warranto – Questions legality of someone occupying a public office.
- Certiorari – Transfers cases from a lower court or annuls its order.
Landmark Case Studies
- Kesavananda Bharati vs. State of Kerala (1973): Established the basic structure doctrine; Parliament cannot alter the Constitution’s core.
- Shah Bano Case (1985): Recognized the right of Muslim women to maintenance after divorce.
- Shreya Singhal vs. Union of India (2015): Struck down Section 66A of the IT Act, protecting online free speech.
- Vishakha vs. State of Rajasthan (1997): Laid down the Vishakha Guidelines for workplace sexual harassment.
- Indira Gandhi vs. Raj Narain (1975): Declared misuse of emergency powers unlawful.
- Maneka Gandhi vs. Union of India (1978): Expanded Article 21, making “procedure established by law” just, fair, and reasonable.
Key Doctrines and Concepts
- Basic Structure Doctrine: Certain core features of the Constitution (like democracy, fundamental rights, judicial independence) cannot be amended.
- Constitutional Morality: Actions of state institutions must align with justice, equality, liberty, and fraternity.
- Judicial Interpretation of Articles 14, 19, and 21: Expanded rights to include clean environment, education, privacy, internet access, and reputation.
Evidence of Judicial Role
- Article 13: Source of judicial review.
- Over 8,000 writ petitions filed in the Supreme Court annually (2023–2024).
- 150+ cases on digital rights (privacy, surveillance, internet shutdowns) since 2017.
- Landmark PILs influencing policy on environment, education, gender justice, and health.
Conclusion
The judiciary plays a pivotal role in upholding democracy by protecting fundamental rights. It ensures the supremacy of law, interprets constitutional provisions, and provides remedies against violations.
However, challenges such as case backlogs, political influence, and delayed justice remain. Strengthening judicial efficiency and independence is essential to safeguard citizens’ rights in India’s evolving democracy.
References
- Fahed Abul-Ethem, The Role of Judiciary in the Protection of Human Rights and Development: A Middle Eastern Perspective (2002).
- Noida International University, Function, Importance and Essential Quality of Judiciary.
- S.S. Upadhyay, Role of District Judiciary in Protecting Fundamental Rights.
FAQs
Q1. Can Parliament amend fundamental rights?
Yes, but with limits. As per Kesavananda Bharati (1973), Parliament can amend rights but cannot alter the basic structure.
Q2. What happens if a law violates fundamental rights?
The judiciary can strike it down as unconstitutional using judicial review.
Q3. What’s the difference between popular morality and constitutional morality?
- Popular morality reflects majority opinion.
- Constitutional morality aligns with constitutional principles like equality, liberty, and dignity—even if unpopular.
- Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
