Dual Guardians Of Liberty: The Role Of The Union And States In Protecting Fundamental Rights
- IJLLR Journal
- Feb 4
- 2 min read
Abdul Ashik Mubarak Rawoother, Associate Professor, Al Ameen College of Law, Bangalore
ABSTRACT
A key component of constitutional democracies is the safeguarding of basic rights, which guarantees that people's freedoms and liberties are not violated. Within federal systems, the interaction between the Union (the central authority) and the states creates a complicated but essential structure. Using the Indian Constitution as a case study, this abstract examines the duties and obligations of both branches of government in defending these fundamental rights. The Indian Constitution requires the Union and state governments to uphold and advance these rights through its comprehensive listing of Fundamental Rights in Part III. The Union is essential in establishing national norms and guaranteeing consistency in the implementation of these rights throughout the nation because of its legislative authority and the judiciary. Important mechanisms include the Supreme Court's adjudication of infractions, the capacity to legislate on subjects of national interest, and the authority to interfere in state affairs when basic rights are in jeopardy. State-level implementation and enforcement of these rights, however, are largely the responsibility of the state. Their responsibility is to make sure that their laws and policies don't violate anyone's basic rights and adhere to constitutional demands. In this sense, state high courts are essential because they offer a local forum for resolving disputes and interpreting rights in light of area particulars. In disputed matters, the balance of power between the Union and the states is frequently at stake. In these cases, the judiciary— especially the Supreme Court—serves as an adjudicator to settle disputes and defend individual rights. Prominent legal cases like Maneka Gandhi v. Union of India and Kesavananda Bharati v. State of Kerala highlight the judiciary's role in interpreting the constitution and broadening the definition of basic rights. In summary, under a federal system such as India's, the Union and state governments work together to safeguard basic rights, with the watchful judiciary acting as a mediator. By adjusting to the many and changing requirements of society while preserving the integrity of the Constitution, this interaction guarantees the preservation of individual rights, which is the fundamental component of democracy.
Keywords: Fundamental rights, responsibility, protection, Democracy, Freedom
