ROLE OF INDIAN JUDICIARY IN

PROTECTING HUMAN RIGHTS

PRESENTED BY : ARYA. P
 INTRODUCTION

Human Right are basic rights and freedom that belongs

to every person in the world. We are all equally emitted to our
human rights without discrimination.
Injustice anywhere is a threat to justice everywhere.
Human Rights are rights inherent to all human beings. Rights is not
nearly speaking about biological needs but also those conditions
of life which allow to freely development and use or human qualities
of intelligence and conscience and to satisfy our spiritual needs.
 HUMAN RIGHTS IN INDIA : CONSTITUTIONAL
PROVISIONS
A unique feature of the Indian constitution is that a large part of human
rights are named as fundamental rights. The fundamental rights in the
Indian constitution constitute the Magna Carta of individual liberty and
human rights.
Indian Constitution provides us a list of Fundamental Rights:
1. Right to Equality (Article 14-18)
2.Right to Freedom (Article 19-22)
3.Right against Exploitation (Article 23-24)
4.Right to Freedom of Religion (Article 25-28)
5.Cultural and Educational Rights (Article 29-30)
6.Right to Constitutional Remedies (Article 32)
 ROLE OF INDIAN JUDICIARY

In our country Judiciary is known as independent part of

government. This independent judiciary has two rules:
1. The traditional role i.e. To interpret the laws, and
2. Judicial Activism, i.e. To go beyond the statute and to
exercise the discretionary power to provide the justice. It
plays both roles in very well manner for the protection of
fundamental rights.
Any individual whose fundamental rights have been violated can
direct move the Supreme Court for namely. The Supreme Court and
High court can issue writs to the government for the enforcement of
rights.
Article 32 and Article 226 of Indian constitution empowers the
Supreme Court and the High Courts respectively, to issue writs in
the nature of habeas corpus, quo warranto, mandamus, certiorari
and prohibition.
 JUDICIAL ACTIVISM

The judiciary plays an important role in upholding and

promoting the rights of citizens in a country. The active role
of the judiciary in upholding the rights of citizens and
preserving the constitutional and legal system of the
country is known as judicial activism. This entails, sometimes
overstepping into the territories of the executive.
 JUDICIAL REVIEW

Judicial review is a very important principle which plays a

pivotal role for the protection of human rights and to ensure
law and order (rule of law) in the nation.

It is concerned with the power of judges to check and

control the activities and decisions of governmental bodies,
tribunals and courts.
There are certain pre-conditions or grounds that give rise to
judicial review- justifiability, standing, exhausting of
local remedy, finality and ripeness.
To end these, the courts should follow some principles
which are essential to review decisions of administrative
agencies like separation of power, judicial economy,
fairness and legitimacy.
 CONCLUSION
Human Rights is a very old phenomenon and is integral to every
human beings for its development. Human Rights has always
been regarded as the backbone of every democratic set up. India
has made the most sincere efforts for the protection and
promotion of human rights in the world over.
THANK YOU...