Author: Sukriti Saini
KCL Institute of Law
Abstract
The judiciary in India plays a pivotal role in upholding the spirit of the Constitution by safeguarding the Fundamental Rights guaranteed under Part III. The judiciary serves as the guardian and interpreter of fundamental rights, empowered by Articles 13, 32, and 226. Through judicial review and writ jurisdiction, it ensures the protection and enforcement of these rights.Over the years, the Supreme Court and High Courts have expanded the scope of Fundamental Rights through progressive interpretations and judicial activism, making them more dynamic and responsive to the needs of society. Landmark judgments such as Kesavananda Bharati v. State of Kerala, Maneka Gandhi v. Union of India, and Justice K.S. Puttaswamy v. The Union of India has reaffirmed the judiciary’s role in upholding constitutional supremacy and individual liberty.
Introduction
Fundamental Rights are the essential freedoms and protections that every individual is entitled to simply by virtue of being human. These rights include core liberties such as the right to life, liberty, and personal security; freedom of expression; freedom of religion; the right to equality before the law; and the right to a fair trial, among others. They form the very cornerstone of democracy, ensuring that individuals can live with dignity, autonomy, and security, free from unwarranted interference, oppression, or discrimination.
Typically enshrined in national constitutions and international human rights conventions, Fundamental Rights serve as a safeguard against potential abuses of power by the state or other authorities. However, the mere existence of these rights would be meaningless without an effective mechanism for their protection and enforcement. This vital responsibility rests with the Judiciary, which acts as the guardian of the Constitution and the protector of Fundamental Rights, ensuring that the spirit of justice, equality, and liberty is preserved for every citizen.
The Fundamental Rights
The fundamental rights are the basic rights guaranteed to all citizens of India by the Constitution. These rights are enshrined in Part III of the Constitution ( Articles 12-35). The fundamental rights are not absolute but subject to reasonable restrictions. The Constitution guarantees seven fundamental rights to every citizen of India.
Fundamental rights are enforceable by the courts, subject to reasonable restrictions.
Right to Equality (Article 14-18): The right to equality includes equality before the law, prohibition of discrimination on the basis of caste, race, place of birth, sex, religion, equal opportunity for taking employment.
Right to Freedom (Article 19-22): These rights include freedoms to speak freely and express your words, right to form the assembly, groups of association or union or cooperatives, movement, residence, and profession.
Right against Exploitation (Article 23-24): This right includes protection from traffic in human beings and forced labour.
Right to Freedom of Religion (Article 25-28): This right includes freedom to choose, follow and promote the religion of your choice.
Cultural and Educational Rights (Article 29-30): These rights include protection of interests of minorities, and the right to conserve their language, script, or culture.
Right to Property (Article 31): This right has been abolished and made a legal right under article 300A by the 44th Amendment Act of 1978.
Right to Constitutional Remedies (Article 32): This is the most important right as it gives the power to approach the Supreme Court for enforcement of Fundamental Rights.
Role of judiciary in protecting the fundamental rights
Judicial Review
Judicial review refers to the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. On examination, the judiciary finds them violative of the fundamental rights, it declares them illegal, unconstitutional, and invalid (null and void).
Judicial review is also called the interpretational and observer roles of the Indian judiciary. In other words, judicial reviews challenge how a decision has been made, rather than the rights and wrongs of the conclusion reached.
Constitutional provision related to judicial review
Article 13: The Supreme Court has the authority to review any legislation that infringes upon fundamental rights and breaches the constitution.
Article 32: In the event when the person's fundamental rights have been violated, it enables citizens to petition the Supreme Court.
Article 226: It gives power to the high court to conduct the judicial review when a person's fundamental rights are infringed or violated.
Case: K.S. Puttaswamy vs. Union of India (2017) – The Supreme Court of India unanimously affirmed that the right to privacy is a fundamental right under the Indian Constitution. This landmark judgment, arising from a challenge to the Aadhaar scheme, held that privacy is an intrinsic part of the fundamental rights in Part III, including personal liberty and dignity
Judicial activism
The term "judicial activism" refers to the role of the judiciary in India in proactively defending citizens' rights and advancing social justice. Stated differently, it suggests that the court has an active role in ensuring that the legislative and executive branches of government fulfill their constitutional obligations.
Judicial activism protects the fundamental rights by proactively interpreting the laws to promote social and ensure accountability of the legislative and executive branches.
Case: Golaknath vs State of Punjab
In this instance, the issues were whether the change was a law and whether or not it was possible to modify fundamental rights. The SC concluded that a new Constituent Assembly would be needed to change the Fundamental Rights and that they are not subject to the parliamentary restriction outlined in Article 13. Additionally, it was mentioned that while Article 368 outlines the process for amending the Constitution, it does not grant Parliament the authority to do so.
Writ
Writ are judicial orders that protect the fundamental rights by directing the authorities to perform their duty lawfully or to rectify unlawful action.
Habeas Corpus: A command to a detained person to be brought before a court to determine if the detention is lawful. It protects against unlawful or arbitrary detention.
Mandamus: A judicial order compelling a public official, a corporation, or a lower court to perform a specific, mandatory duty. It ensures public officials fulfill their legal obligations.
Prohibition: An order from a higher court to a lower court, tribunal, or other judicial body to stop it from exceeding its jurisdiction. It is a preventative measure to stop an action.
Certiorari: An order from a higher court to a lower court to review a decision and to quash or set it aside if it is found to be illegal or has been made in excess of jurisdiction.
Quo Warranto: A legal action questioning the authority or legality of a person holding a public office. It challenges the legality of their claim to the office.
Landmark Cases:
Kesavananda Bharati v. State of Kerala (1973)
While primarily known for the doctrine of basic structure, this case also discussed Article 14 and the principle of equality before law. The judgment emphasized that laws must be just, fair, and reasonable and should not arbitrarily discriminate between persons.
E.P. Royappa v. State of Tamil Nadu (1974)
In this case, the Supreme Court emphasized that Article 14 prohibits arbitrariness in state action and mandates equality before the law. The judgment held that administrative actions must be reasonable and non-discriminatory.
Maneka Gandhi vs union of India
In this case, Maneka Gandhi’s passport was impounded by the government “in public interest” under the Passports Act, 1967, without giving her reasons. She filed a petition claiming violation of her fundamental rights under Articles 14, 19, and 21. The Supreme Court held that personal liberty under Article 21 has a broad meaning, including the right to travel abroad.
Conclusion
The judiciary plays an indispensable role in protecting fundamental rights, ensuring that individuals’ freedoms and liberties are safeguarded against encroachment by the state or private actors. Through judicial review, judicial activism, and enforcement of rights, the judiciary ensures that fundamental rights are respected and upheld. While judicial activism has broadened the scope of these protections, it also underscores the evolving nature of constitutional law in a dynamic society.
References
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