Page 13 - Constitution

70 Years of Indian

Constitution

Since Fundamental Rights are justiciable, they which Indians have adopted.
are just like guarantees. They are enforceable, The Indian Constitution guarantees some basic human

as every individual has the right to seek the help rights to the people in Part III like Right to Equality, Equal
from courts, if they are violated Protection of Laws, Right to Freedom, Right to life and
personal liberty, Right to freedom of religion and many
more. Every one of these rights in Part III is accessible
basic structure. But, overall, there has been a balance
against the State subjects. Also, the Constitution expressly
maintained between the democratic and justice texts of
mentions some reasonable restrictions which draw a
the Constitution.
balance between individual freedom and social control.
The judiciary is the custodian of the justice and rule
The concept of Fundamental Rights borrowed from
of law texts of the Constitution. Had the judiciary been
the US Constitution which was the first Constitution to
non-existent, the Indian Constitution would have worked
successfully give shape to the basic human rights which
as an elected dictatorship. The judiciary, especially, the
came to be incorporated in the form of ten amendments
Supreme Court was initially characterised as an enemy
that embody the Lockean ideas about the protection of
of the social justice plans of the government. But having
life, liberty and property. The tradition of fundamental
fought back, it invited the people to approach it directly
rights in the British model and the Australian Constitution
to create a formidable public interest law and litigation to
falls short in declaring these rights and merely guarantees
deal with issues relating to environment, social justice to
few ideal rights. Since Fundamental Rights are justiciable,
disadvantaged groups, corruption and so on.
they are just like guarantees. They are enforceable, as
The judiciary contends that it is maintaining a balance
every individual has the right to seek the help from courts,
to intervene where governance is overshadowed by
if they are violated.
administrative caprice and corruption. Equally, the
But in reality it is not so. Encroachment or violation of
judiciary has gone well beyond balancing to misappropriate
Fundamental Right in our day to day life is a matter of
the powers of the legislature and executive. Without a
great concern. Which is why, our Constitution does not
strong judiciary, the entire edifice of constitutionalism will
permit the legislature and the executive to curb these
collapse. Ultimately, the Constitution is not just addressed
rights. It provides legal remedies for the protection of
to the government or courts but to the people to imbibe
our Fundamental Rights. This is called the Right to
the spirit of its democracy. India's electoral democracy is
Constitutional Remedies stipulated under Article 32 and
unabated election after election. Amidst many struggles, it
Article 226. When any of our rights are violated, we are
is a testament for the Indian people, a kind of civic religion

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