Justiciability of Fundamental Rights

The justiciability of Fundamental Rights holds immense significance in any democratic society, including India and serves as a cornerstone for the protection of individual liberties and the rule of law.

Are Fundamental Rights Justiciable in India?

Yes, Fundamental Rights are justiciable in India, meaning they are legally enforceable. The Constitution, in Part III, guarantees Fundamental Rights to citizens and violations can be addressed through the judiciary. Citizens can directly approach the Supreme Court under Article 32 or High Courts under Article 226 through writ petitions.

The judiciary’s power of judicial review allows it to assess the constitutionality of laws and government actions, ensuring alignment with Fundamental Rights. The concept of Public Interest Litigation further facilitates the justiciability of these rights, enabling legal remedies for violations and reinforcing the significance of Fundamental Rights in the Indian legal framework.

Meaning of Justiciability of Fundamental Rights

Justiciability of Fundamental Rights in India refers to the legal enforceability and adjudication of the rights guaranteed to citizens by the Constitution. Ensured through constitutional provisions, particularly in Part III, Fundamental Rights can be actively protected and remedied through judicial mechanisms.

How are Fundamental Rights Justiciable in India?

Fundamental Rights in India are justiciable, meaning they can be legally enforced and protected through the judiciary. The justiciability of Fundamental Rights is a crucial aspect of the Indian legal system and is ensured through various constitutional provisions and judicial mechanisms.

Constitutional Provisions

The foundation for the justiciability of Fundamental Rights lies in the Constitution of India. Part III of the Constitution (Articles 12 to 35) explicitly outlines and guarantees Fundamental Rights to Indian citizens. These rights cover a broad spectrum, including the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and the right to constitutional remedies.

Writ Jurisdiction

One of the key mechanisms for the justiciability of Fundamental Rights is the writ jurisdiction of the Supreme Court under Article 32 and that of the High Courts under Article 226. Article 32 grants individuals the right to move the Supreme Court directly for the enforcement of Fundamental Rights.

The Supreme Court, being the guardian of the Constitution, has the power to issue writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari to protect these rights. Similarly, Article 226 empowers the High Courts to issue writs for the enforcement of Fundamental Rights within their respective jurisdictions.

Public Interest Litigation (PIL)

The concept of Public Interest Litigation has played a pivotal role in enhancing the justiciability of Fundamental Rights. PIL allows any individual or organisation to file a petition in the Supreme Court or High Court on behalf of those who may not be able to approach the court themselves. This has democratised access to justice, enabling concerned citizens and activists to bring issues related to Fundamental Rights to the forefront, thus expanding the scope of justiciability.

Judicial Review

The judiciary in India has been granted the power of judicial review, a critical tool in ensuring the justiciability of Fundamental Rights. This power allows the courts to review the constitutionality of laws and government actions. If a law or executive action is found to be in violation of Fundamental Rights, the judiciary can declare it unconstitutional and, as a result, strike it down.

Locus Standi Relaxation

Traditionally, the concept of locus standi (the right to bring an action) required that only the aggrieved party could approach the court. However, the Indian judiciary has adopted a liberal approach by relaxing this rule.

This means that not only the person whose rights are directly affected but also any public-spirited individual or organisation can approach the courts on behalf of those whose Fundamental Rights may be infringed. This approach has significantly broadened the avenues for justiciability.

Enforcement through Courts

Fundamental Rights in India are not merely symbolic; they are actively enforceable. Individuals can directly approach the judiciary when they believe their Fundamental Rights have been violated. The courts have the authority to issue orders and judgments to protect and uphold these rights, providing a practical avenue for individuals to seek legal remedies.

Directive Principles of State Policy

Although Directive Principles of State Policy are not justiciable in the same manner as Fundamental Rights, they indirectly contribute to the justiciability of rights. While the courts cannot enforce Directive Principles directly, they are expected to consider these principles while interpreting Fundamental Rights.

This interplay ensures that the government’s policies and actions align with the broader constitutional goals, indirectly impacting the justiciability of Fundamental Rights.

Significance of Justiciability of Fundamental Rights

Several key aspects highlight the importance of the justiciability of Fundamental Rights:

Individual Empowerment:

Justiciability empowers individuals to directly approach the judiciary when they believe their Fundamental Rights are violated. This ensures that citizens have an accessible and effective mechanism to seek legal remedies for infringements on their rights.

Rule of Law:

The justiciability of Fundamental Rights reinforces the supremacy of the Constitution and the rule of law. It establishes a clear framework for holding governmental actions and laws accountable, ensuring they align with constitutional principles.

Check on Executive and Legislative Actions:

The power of judicial review, inherent in the justiciability of Fundamental Rights, acts as a crucial check on the actions of the executive and legislative branches. Courts can declare laws or executive orders unconstitutional if they violate Fundamental Rights, preventing potential abuse of power.

Protection of Minorities and Vulnerable Groups:

Fundamental Rights often play a crucial role in protecting the rights of minority communities and vulnerable groups. Justiciability ensures that these groups have a legal recourse to challenge discriminatory practices or policies that may infringe upon their rights.

Democratisation of Justice:

Concepts such as Public Interest Litigation broaden the access to justice by allowing not only the aggrieved party but also public-spirited individuals or organisations to initiate legal proceedings. This democratisation of justice ensures that issues affecting society at large can be addressed in the legal domain.

Legal Accountability:

The justiciability of Fundamental Rights creates a system of legal accountability. Governmental bodies and authorities are held accountable for their actions and individuals are protected from arbitrary exercises of power.

Adaptability to Societal Changes:

The justiciability of Fundamental Rights allows the legal system to adapt to changing societal norms and values. Courts can reinterpret rights in light of evolving circumstances, ensuring that the Constitution remains a living document responsive to the needs of the people.

Preservation of Human Dignity:

Fundamental Rights are often rooted in the principles of human dignity. Justiciability ensures that individuals are protected from actions that may undermine their inherent dignity, fostering a society that respects and values each citizen.

Conclusion

The justiciability of Fundamental Rights in India is a multi-faceted concept encompassing constitutional provisions, writ jurisdiction, public interest litigation, judicial review, relaxation of locus standi and the active enforcement of rights through the courts. This comprehensive framework reflects the commitment of the Indian legal system to protect and uphold the Fundamental Rights of its citizens.