ROLE OF SUPREME COURT AS A GUARDIAN (ARTICLE 32)

ROLE OF SUPREME COURT AS A GUARDIAN (ARTICLE 32)

AUTHOR: DEEKSHA MISHRA, STUDENT OF LNCT UNIVERSITY

The supreme court of India is the highest court in the country and has the power to interpret the constitution. ARTICLE 32 of the constitution specifically states that the supreme court is the “guardian” of the fundamental rights. This means that the supreme court has the power to strike down any law or government action that violates a fundamental right. The supreme court has played a vital role in protecting the fundamental rights of the citizens of India. The supreme court has used its power under article 32 to protect a wide range of fundamental rights, including the right to life, liberty, equality, and freedom of speech and expression. It has also used this power to protect the rights of marginalized groups, such as women, children, and minorities.

Article 32 of the Indian constitution empowers the supreme court to issue writs, specifically habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of fundamental rights. This provision acts as a safeguard against any infringement on these rights, ensuring that individuals have direct recourse to the highest judicial authority in case their rights are violated.

THE IMPORTANCE OF ARTICLE 32:

Article 32 is an important provision of the Indian constitution because it guarantees the right to move the supreme court to protect fundamental rights. This right is essential for ensuring that the government respects the rights of its citizens and that no one is above the law.

Article 32 is also important because it makes the supreme court the guardian of the constitution. The supreme court has the power to strike down any law or government action that it finds to be violative of the constitution. This power helps to ensure that the constitution is upheld and that fundamental rights are protected.

Here are some examples of landmark cases where the supreme court has used its power under article 32 to protect fundamental rights:

• Kesavananda Bharti v. State of Kerala (1973): In this landmark case, the supreme court held that the fundamental structure of the constitution cannot be amended by parliament. This judgement has been hailed as a victory for the supreme court's power of judicial review and its role as a guardian of the constitution.

• Maneka Gandhi v. Union of India (1978): In case, the supreme court held that the right to life and liberty under Article 21 includes the right to travel abroad. This judgment has been cited in many subsequent cases to expand the scope of the right to life and liberty.

• Vishaka v. State of Rajasthan (1997): In this case, the supreme court laid down guidelines for the prevention of sexual harassment at the workplace. This judgment has been credited with raising awareness of sexual harassment and providing a legal framework for addressing it. 

In addition to these landmark cases, the supreme court has also used its power under article 32 to protect fundamental rights in a variety of other ways.

CONCLUSION

The supreme court of India, as the guardian of the fundamental rights under Article 32, plays an indispensable role in protecting and upholding the democratic values enshrined in the Indian constitution. Its commitment to justice, equality, and the rule of law ensures that the rights of every citizen are safeguard, making it a cornerstone of India's vibrant democracy. In doing so, it not only preserves individual freedoms but also contributes to the overall progress and well-being of the nation.