Author: Yash Gehlot, Jai Narain Vyas University
Abstract
The Supreme Court serves as the ultimate protector of constitutional guarantees, ensuring that fundamental rights are upheld against violations by the state or private entities. As the interpreter and enforcer of constitutional principles, the Supreme Court maintains the delicate balance between individual liberties and collective interests. This essay delves into the legal mechanisms, landmark judgments, and challenges faced by the Court in its endeavour to safeguard the fundamental rights of citizens.
Understanding Fundamental Rights
Fundamental rights, often referred to as the cornerstone of democracy, are essential freedoms guaranteed by the Constitution to protect the dignity and well-being of individuals. In India, these rights are enumerated in Part III of the Constitution, encompassing equality (Articles 14–18), freedom (Articles 19–22), protection from exploitation (Articles 23–24), and others. Similarly, in the United States, the Bill of Rights outlines essential freedoms like speech, religion, and the right to due process.
These rights aim to prevent the misuse of power and ensure citizens enjoy a just and fair society. However, to make these rights effective, the judiciary, particularly the Supreme Court, must actively interpret and enforce them.
To the Point: The Supreme Court as Guardian
The Supreme Court’s role as the custodian of fundamental rights involves interpreting constitutional provisions to protect individuals from violations. Through judicial review, the Court examines the validity of legislative and executive actions to ensure compliance with constitutional mandates. It has the power to nullify any law or action that infringes upon fundamental rights.
In India, Article 32, often described by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution, allows individuals to directly approach the Supreme Court for remedies against the violation of rights. Similarly, in the United States, the principle of judicial review was established in Marbury v. Madison (1803), empowering the Supreme Court to strike down unconstitutional actions.
The Proof: Landmark Judgments
Kesavananda Bharati v. State of Kerala (1973)
The Indian Supreme Court established the doctrine of the “basic structure” of the Constitution, holding that even constitutional amendments cannot alter fundamental rights or the foundational principles of the Constitution.
Maneka Gandhi v. Union of India (1978)
This case expanded the interpretation of the right to life and personal liberty under Article 21, declaring that any deprivation of these rights must pass the tests of fairness, justice, and reasonableness.
Brown v. Board of Education (1954)
In the United States, this landmark ruling struck down racial segregation in schools, declaring it unconstitutional under the Fourteenth Amendment, thereby advancing civil rights.
Vishaka v. State of Rajasthan (1997)
The Indian Supreme Court laid down guidelines to address workplace sexual harassment, emphasizing the need for a safe and equitable environment for women in the absence of specific legislation.
Case Laws
Golaknath v. State of Punjab (1967): The Supreme Court ruled that Parliament could not amend fundamental rights, reaffirming their inviolability.
National Legal Services Authority (NALSA) v. Union of India (2014): Recognized the rights of transgender individuals as part of the right to equality under Articles 14 and 21.
Roe v. Wade (1973): The U.S. Supreme Court recognized a woman’s right to privacy, including the right to abortion, under the Fourteenth Amendment.
Judicial Activism
Judicial activism enables the Supreme Court to take proactive steps in protecting rights, especially where legislative or executive action is lacking. In India, Public Interest Litigations (PILs) have become a vital tool in addressing societal issues. Cases like MC Mehta v. Union of India (environmental protection) and Bandhua Mukti Morcha v. Union of India (bonded labor) illustrate how judicial activism expands the scope of rights.
Balancing Rights and Responsibilities
The Supreme Court also ensures that individual freedoms do not undermine public order or morality. For instance, freedom of speech under Article 19(1)(a) is subject to reasonable restrictions such as preventing hate speech or incitement to violence.
Challenges Faced by the Supreme Court
Pendency of Cases: Delays in adjudication undermine the timely enforcement of rights.
Judicial Overreach: Instances of activism bordering on interference with legislative or executive domains risk eroding the separation of powers.
Accessibility: Ensuring marginalized communities can access justice remains a pressing concern.
Conclusion
The Supreme Court plays an indispensable role in upholding the Constitution and ensuring the realization of fundamental rights. Through its judgments, activism, and vigilance, it provides a framework for justice and equality. Despite challenges, the Court remains a beacon of hope for a fair and inclusive society, reinforcing the principles of democracy.
FAQS
What are fundamental rights?
Fundamental rights are constitutionally guaranteed freedoms essential for the dignity, equality, and liberty of individuals.
What is the role of the Supreme Court in protecting these rights?
The Supreme Court interprets and enforces constitutional provisions, ensuring that fundamental rights are upheld against violations.
What is judicial review?
Judicial review is the Supreme Court’s power to examine the constitutionality of legislative and executive actions.
What are landmark cases in protecting fundamental rights?
Key cases include Kesavananda Bharati v. State of Kerala (basic structure doctrine), Maneka Gandhi v. Union of India (right to life), and Brown v. Board of Education (civil rights in the U.S.).
What challenges does the Supreme Court face?
The Court faces delays in case resolution, risks of overreach, and ensuring access to justice for marginalized communities.
