Mains Practice Questions

Approach

• Start your answer with a brief introduction.
• Discuss the role of the judiciary in protecting the FR and give some examples of landmark judgement.
• Conclude accordingly.

Introduction:

The judiciary plays a vital role in protecting the fundamental rights of citizens in India. The Constitution of India guarantees fundamental rights to its citizens under Part III (Article 12 to 35). The judiciary, especially the Supreme Court, is the ultimate protector and interpreter of these fundamental rights.

Body:

Role of Judiciary in Protecting Fundamental Rights

• The judiciary protects fundamental rights through various means such as writs, public interest litigation (PIL), and judicial review.
• Interpreting and Enforcing the Constitution:
  • The judiciary plays a key role in interpreting and enforcing the Constitution, which serves as the supreme law of the land and provides for the protection of fundamental rights.
  • The courts are empowered to strike down laws or government actions that violate constitutional provisions, including those related to fundamental rights.
• Providing Remedies for Violations of Fundamental Rights:
  • The judiciary also provides remedies for violations of fundamental rights, including the issuance of writs such as habeas corpus, mandamus, and certiorari, which can be used to protect against unlawful detention, compel government action, or review decisions of lower courts.
  • The courts can award damages or other forms of relief to individuals whose fundamental rights have been violated.
• Protecting Minorities and Marginalized Groups:
  • The judiciary plays a critical role in protecting the rights of minorities and marginalized groups, who may be particularly vulnerable to violations of fundamental rights.
  • For example, the courts can strike down laws or government actions that discriminate on the basis of race, religion, or other characteristics protected by fundamental rights provisions.
• Upholding International Human Rights Standards:
  • The judiciary may also look to international human rights standards and treaties, which may be incorporated into domestic law, when interpreting and enforcing fundamental rights provisions.
  • This can provide additional protections for individuals whose fundamental rights are at risk of being violated.
• Serving as an Independent Check on Government Power:
  • The judiciary serves as an independent check on government power, ensuring that the executive and legislative branches do not overstep their constitutional authority and infringe on fundamental rights.

Examples where Judiciary Protected Fundamental Rights:

• The judiciary has delivered several landmark judgments that have strengthened the protection of fundamental rights, such as the Kesavananda Bharati case (established the doctrine of basic structure of the Constitution), Puttaswamy judgment (right to privacy).
  • ADM Jabalpur case:
    • The Supreme Court in the ADM Jabalpur case (1976) upheld the government's right to detain citizens without trial during the Emergency, which was a blatant violation of fundamental rights.
  • NALSA Case:
    • The judiciary has played a significant role in protecting the rights of marginalized communities, such as the transgender community, through judgments such as the National Legal Services Authority (NALSA) v. Union of India case (2014), which recognized transgender persons as a third gender and granted them equal rights and protection under the law.
  • Shreya Singhal case:
    • The judiciary has also protected the freedom of speech and expression through landmark judgments such as the Shreya Singhal case (2015), which struck down Section 66A of the Information Technology Act, 2000, which was used to suppress free speech on the internet.

Conclusion:

The role of the judiciary in protecting fundamental rights is crucial to maintaining the democratic fabric of India. The judiciary's independence, impartiality, and activism are essential for safeguarding the rights of citizens.

The judiciary must continue to interpret fundamental rights in a progressive manner to ensure that the Constitution remains relevant and effective in protecting citizens' rights.