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Pradhyumna Rao

Mar 12, 2015

'The constitution safeguard our fundamental rights' Explain.

How does the constitution safeguard our fundamental rights?



Aruna kumari Sripada

The courts can protect and safeguard the fundamental rights, if someone’s rights are violated.

Because the Fundamental Rights are indispensable for good life and for the full development of human personality.

Both the Supreme Court under Article 32 and the High Courts under Article 226 can issue necessary writs for the purpose. When a citizen feels that his Fundamental Rights have been violated, he can move the court for redressal.

The courts have the power to enforce Fundamental Rights by issuing these writs against any authority of the State.

The Indian Constitution lays down that any act of the executive or of the legislature which violates Fundamental Rights shall be void and the courts are empowered to declare it as void.

The Constitution of India has made the judiciary as “the protector and guarantor of Fundamental Rights”.

And, the Constitutional right is the “heart and soul” of the Constitution as it can only make Fundamental Rights effective.
However the right to move the court for protection of Fundamental Rights may be suspended during an emergency except those rights provided by Article 20 and Article 21.  

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