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:
o 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.
o 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:
o 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.
o The courts can award damages or other forms of relief to individuals whose
fundamental rights have been violated.
 Protecting Minorities and Marginalized Groups:
o 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.
o 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:
o 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.
o This can provide additional protections for individuals whose fundamental
rights are at risk of being violated.
 Serving as an Independent Check on Government Power:
o 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).
o 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.
o 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.
o 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.

“If I was asked to any particular Article in this

Constitution as the most important- an
Article without which this Constitution would be a
nullity- I could not refer to any other
Article except this one.... It is very soul of the
Constitution and the very heart of it,”
- Dr. B.R. Ambedkar

Rights in a democracy are its heart and soul. Without Rights, democracy can
neither exist nor survive.
 1. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled
upon by the State or any other agency. The superior courts enforce Fundamental Rights by issuing
writs.

The judiciary has the power of judicial review, which gives the courts, the
power to examine the laws made by the legislature and declare it invalid if it
violates the Fundamental Rights. Hence, the judiciary is called the guardian of
fundamental rights.