Justiciability of Fundamental Rights
✅ Justiciability of Fundamental Rights in India
📘 Meaning of Justiciability:
Justiciability refers to the ability of a right to be enforced through a court of law.
If a right is justiciable, individuals can approach the judiciary to seek protection or enforcement of that right.
⚖️ Fundamental Rights & Justiciability
Fundamental Rights (Part III of the Indian Constitution, Articles 12 to 35) are fully justiciable.
This means any violation of these rights allows a person to directly approach:
The Supreme Court under Article 32, or
The High Court under Article 226
🗣️ Dr. B.R. Ambedkar called Article 32 “the heart and soul of the Constitution” because it guarantees justiciability.
📜 Articles Ensuring Justiciability
| Article | Purpose |
|---|---|
| Article 32 | Right to move the Supreme Court for enforcement of Fundamental Rights |
| Article 226 | High Courts can issue writs for the enforcement of Fundamental Rights (and for other legal rights as well) |
🧾 Remedies Available:
Courts can issue writs such as:
Habeas Corpus – Release from unlawful detention
Mandamus – Compel a public authority to perform duty
Prohibition – Prevent a lower court from exceeding jurisdiction
Certiorari – Quash orders of lower courts
Quo Warranto – Challenge a person's claim to a public office
🚫 Exceptions:
Article 33 – Parliament may restrict the application of fundamental rights to armed forces, police, etc.
Article 34 – Restrictions during martial law.
Some rights (like Article 19) may be suspended during a National Emergency (Article 359).
✅ Fundamental Rights vs. Directive Principles (DPSPs)
| Feature | Fundamental Rights | Directive Principles (DPSPs) |
|---|---|---|
| Justiciable? | ✅ Yes | ❌ No |
| Enforceable in court? | ✅ Yes | ❌ No |
| Purpose | Individual rights | Social and economic goals |
| Covered in Part | Part III | Part IV |
📌 Conclusion:
Fundamental Rights in India are legally enforceable and judicially protected.
Citizens have the constitutional right to seek remedy when these rights are violated.
The justiciability of these rights is a cornerstone of India’s rule of law and democratic framework.
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