How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
The constitution of India grants the following Fundamental Rights to its citizens:
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
All the said fundamental rights are protected under the ‘Right to constitutional
Remedies’ (Article 32 and 226) by providing the writs of habeas corpus, mandamus, quowarranto,
prohibition and certiorari. The Supreme Court can declare the concerned law
as unconstitutional and therefore non-operational. (Article 13). The power of judicial
review of the Supreme Court on the ground that they violate the fundamental rights.
Hence, judiciary is enabled to protect the constitution effectively and the rights of
citizens as well. The practice of entertaining the Public Interest Litigation has also further
added to the power of the judiciary in protecting the rights of citizens.
Various writs under Right to Constitutional Remedies:
Habeas Corpus: If somebody is taken into custody against the spirit of laws.
The detainer is ordered to produce the detainee before the court.
Mandamus:
Issued by Supreme Court to the lower court, official, etc.
To protect the right of petitioner and to get duties done by authority against whom
writ is issued.
Quo warranto:
Issued to individual who has usurped a public office.
Through the writ, the person is asked to hold the said office.
Prohibition:
Issued by a higher court to a lower court.
It is issued when either the lower court exercises the powers beyond its limitations.
Certiorari:
Issued alongwith the writ of prohibition.
A higher court orders a lower court to send the records concerned with a care
therewith to the former.
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