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What is the role of the Supreme Court in protecting fundamental rights of citizens?

What is the role of the Supreme Court in protecting fundamental rights of citizens?

11-Mar-2023

Supreme Court

Answer By law4u team

The Supreme Court of India plays a crucial role in protecting the fundamental rights of citizens. The Constitution of India guarantees fundamental rights to every citizen, such as the right to equality, freedom of speech and expression, right to life and personal liberty, and the right to religious freedom. If a citizen feels that their fundamental rights have been violated, they can approach the Supreme Court of India by filing a writ petition under Article 32 of the Constitution of India. The Supreme Court has the power to issue writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto to protect the fundamental rights of citizens. The Supreme Court can also strike down any law or executive action that violates fundamental rights, by declaring it unconstitutional. This power is derived from Article 13 of the Constitution, which declares that any law that is inconsistent with or in derogation of fundamental rights shall be void. The Supreme Court has often been called upon to protect the fundamental rights of citizens in cases related to freedom of speech and expression, right to life and personal liberty, right to privacy, and freedom of religion. Its judgments in these cases have helped to establish and strengthen the fundamental rights of citizens in India.

Answer By Ayantika Mondal

Dear Client, The Supreme Court is the Apex Court of India, that means it is the top most court of the Judicial organ which is an important organ of the Government of India along with Executive and Legislature. Now when it comes to the Fundamental Rights which are the basic human rights enshrined in the Constitution, and Article 12-35, part 3 of the Indian Constitution deals with the Fundamental rights. Fundamental Rights are Justiciable rights which means it is enforceable by the court, and Supreme Court being the Apex Court and highest authority body of the legal justice system in India plays an important role in uplifting and protecting the Fundamental Rights which are given to the citizens of India. The Constitution guarantees remedies if citizens fundamental rights are violated. And Supreme Court has the power to promote and protect fundamental rights of every citizen. The aggrieved citizens can approach the courts and they can directly go to the Supreme Court if their Fundamental rights are violated, and can ask the Supreme Court to issue writs for enforcing fundamental rights. There are six fundamental rights namely • Right to Equality, (Article 14-18) • Right to Freedom, (Article 19-22) • Right against exploitation, (Article 23-24) • Right to freedom of Religion, (Article 25-28) • Cultural and Educational Rights, (Article 29-30) • Right to Constitutional Remedies, (Article 32) Which is also the heart and soul of the Constitution. It is important to note that application of the Fundamental Rights can not be exercised under martial law or military law. And even during the National Emergency Article 20 and 21 cannot be suspended. And fundamental rights are not absolute in nature are they have reasonable restrictions. Article 32 of India Constitution which is also one of the fundamental rights gives power to every citizen to approach Supreme Court directly if their fundamental rights are not respected. And similar power is granted to the High Courts as well through Article 226 of the Indian Constitution. The Supreme Court is empowered to issues writes like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo warranto, for safeguarding the fundamental rights. And at times Supreme Court via Suo Moto that means by its own protects the fundamental rights, and also PIL that is Public Interest Litigation is also one tool to protect the fundamental rights of the citizens. And many a times being a watchdog of the Constitution Supreme Court has asked the central and various state government to remove certain laws implemented by them with are going against the Fundamental Rights. I hope this answer helps.

Answer By Anik

Dear Client, The Supreme Court is also the Apex Court, and Constitution of India has given the power and responsibility to the Supreme Court to protect the Fundamental Rights which are the basic human rights enshrined in the Constitution, and part 3 of the Indian Constitution deals with the Fundamental rights. Fundamental Rights are Justiciable in nature which means it is enforceable by the court of law, and it is the highest authority body of the legal justice system in India plays vital and very important in promoting and protecting the Fundamental Rights which are given to the citizens of India. The Constitution grants legal remedies if citizens fundamental rights are infringed. And Supreme Court has the power to protect fundamental rights of every citizen. The aggrieved citizens can knock the door of the Supreme Court and they can directly go to the Supreme Court if their Fundamental rights are not respected and can ask the Supreme Court to issue writs for enforcing fundamental rights. There are mainly six fundamental rights given in the Constitution namely. • Right to Equality, (Article 14-18), Right to Freedom, (Article 19-22), Right against exploitation, (Article 23-24) Right to freedom of Religion, (Article 25-28), Cultural and Educational Rights, (Article 29-30), Right to Constitutional Remedies, (Article 32 And fundamental rights are not absolute in nature are they have reasonable restrictions. By the virtue of Article 32 every citizen can approach Supreme Court directly if their fundamental rights are not respected. And same power is granted to the High Courts as well through Article 226 of the Indian Constitution. The Supreme Court is entitled to issues following writes • Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo warranto, for safeguarding the fundamental rights. And at times Supreme Court through Suo Moto that means by its own protects the fundamental rights of the citizens, and Supreme Court is also guard and monitor the Constitution of India and has asked the central and various state government to struck down certain laws passed by them with are going against the nature of Fundamental Rights. I hope this answer helps.