The Procedure for Enforcing Fundamental Rights: The Role of the Supreme Court and High Courts

ABSTRACT

This paper examines the application and enforcement of fundamental rights under Articles 32 and 226 of the Constitution of India, emphasizing the ever-important role of the Supreme Court and High Courts in safeguarding individual liberty. The paper first outlines the six categories of fundamental rights (Arts. 12-35) as envisaged in the Constitution. The rights’ significance in terms of equality, freedom, and dignity for a democratic society is then highlighted. Next, the extensive nature of the Supreme Court’s writ jurisdiction and the more widespread geographical writ powers of the High Courts are explained, also laying down the distinctions between Articles 32 and 226. It also presents an in-depth discussion on five constitutional writs- Quo Warrantor, Mandamus, Prohibition, Habeas Corpus, and Certiorari-signifying corrective measures in the judicial toolbox.