Court as people's guardian
THE WEEK|September 05, 2021
Supreme Court and High Courts must take the lead in protecting rights of citizens, writes Justice Deepak Gupta
Justice Deepak Gupta
Court as people's guardian

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.

Bu hikaye THE WEEK dergisinin September 05, 2021 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

Bu hikaye THE WEEK dergisinin September 05, 2021 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

THE WEEK DERGISINDEN DAHA FAZLA HIKAYETümünü görüntüle
What Will It Take To Clean Up Delhi Air?
THE WEEK India

What Will It Take To Clean Up Delhi Air?

IT IS ASKED, year after year, why Delhi’s air remains unbreathable despite several interventions to reduce pollution.

time-read
5 dak  |
December 08, 2024
Trump and the crisis of liberalism
THE WEEK India

Trump and the crisis of liberalism

Although Donald Trump's election to a non-consecutive second term to the US presidency is not unprecedented—Grover Cleveland had done it in 1893—it is nevertheless a watershed moment.

time-read
2 dak  |
December 08, 2024
Men eye the woman's purse
THE WEEK India

Men eye the woman's purse

A couple of months ago, I chanced upon a young 20-something man at my gym walking out with a women’s sling bag.

time-read
2 dak  |
December 08, 2024
When trees hold hands
THE WEEK India

When trees hold hands

A filmmaker explores the human-nature connect through the living root bridges

time-read
3 dak  |
December 08, 2024
Ms Gee & Gen Z
THE WEEK India

Ms Gee & Gen Z

The vibrant Anuja Chauhan and her daughter Nayantara on the generational gap in romance writing

time-read
5 dak  |
December 08, 2024
Vikram Seth-a suitable man
THE WEEK India

Vikram Seth-a suitable man

Our golden boy of literature was the star attraction at the recent Shillong Literary Festival in mysterious Meghalaya.

time-read
2 dak  |
December 08, 2024
Superman bites the dust
THE WEEK India

Superman bites the dust

When my granddaughter Kim was about three, I often took her to play in a nearby park.

time-read
3 dak  |
December 08, 2024
OLD MAN AND THE SEA
THE WEEK India

OLD MAN AND THE SEA

Meet G. Govinda Menon, the 102-year-old engineer who had a key role in surveying the Vizhinjam coast in the 1940s, assessing its potential for an international port

time-read
4 dak  |
December 08, 2024
Managing volatility: smarter equity choices in uncertain markets
THE WEEK India

Managing volatility: smarter equity choices in uncertain markets

THE INDIAN STOCK MARKET has delivered a strong 11 per cent CAGR over the past decade, with positive returns for eight straight years.

time-read
3 dak  |
December 08, 2024
Investing in actively managed low-volatility portfolios keeps risks at bay
THE WEEK India

Investing in actively managed low-volatility portfolios keeps risks at bay

AFTER A ROARING bull market over the past year, equity markets in the recent months have gone into a correction mode as FIIs go on a selling spree. Volatility has risen and investment returns are hurt.

time-read
2 dak  |
December 08, 2024