Court as people's guardian

Supreme Court and High Courts must take the lead in protecting rights of citizens, writes Justice Deepak Gupta

- Justice Deepak Gupta

Courts in India, espe-cially the Supreme Court and High Courts, have a vital role to play, not only in adjudicating disputes but also in protecting the rights of citizens. India is one of the few countries where the right to approach the highest court for enforcement of fundamental rights is in itself a fundamental right.

It is not as if there were no remedies similar to writs prior to the framing of the Constitution. Remedy in the nature of habeas corpus was available under criminal law, and any officer could be compelled to do his duty enjoined under the Specific Relief Act, similar to a writ of mandamus. These were, however, statutory rights, and as noted by Dr B.R. Ambedkar in his Constituent Assembly speech on December 9, 1948, they could be taken away at any time. Therefore, the Constitution has vested very wide powers upon the superior courts under Articles 32 and 226.

Under the Constitution, there is separation of powers among the three wings. The judiciary is, however, vested with the power to ensure that any action, legislative or executive, falls within the ambit of the Constitution, and if the rights of a citizen are taken away, then that citizen can approach the court for enforcement of his rights.

In the recent past, views have been expressed that the superior courts have not diligently discharged their Constitutional functions. The courts have two main functions: i) adjudicatory function; and ii) guardian of the people. As far as the first is concerned, other than long delays, one could say that the courts have effectively discharged their functions. However, with respect to protecting human rights, I do feel that some courts have fallen short of what is expected of them.