Judicial Review And Mandamus: Strengthening The Enforcement Of Fundamental Rights
- IJLLR Journal
- May 3
- 1 min read
Varinder Pal Singh, Research scholar, University School of Law, Sri Guru Granth Sahib World University, Fatehgarh Sahib, Punjab
Dr. Supinder Kaur, Assistant Professor, University School of Law, Sri Guru Granth Sahib World University, Fatehgarh Sahib, Punjab
Introduction
The judiciary in India plays a vital role in upholding democracy by preventing government officials from misusing their power and safeguarding the rights of citizens and protection of the Indian Constitution. The Indian Constitution establishes a judiciary that is robust, autonomous, and systematically structured. The authority of judicial review is a constitutional power, as it is the Constitution that grants these powers to the Supreme Court and the High Courts in the States. Articles 32 and 226 grant the Supreme Court and High Courts the authority to take action against a government organisation in cases where a citizen's rights and freedoms are infringed upon. Article 226 of the Indian Constitution empowers the High Court to issue orders and writs to any individual or authority. The primary objective of granting Article 226 powers to the High Court is to uphold the rule of law within society. When executive authorities exceed their jurisdiction and infringe upon citizens' rights, accountability is essential, as stipulated by Article 226. The Supreme Court possesses authority as outlined in Article 32 of the Constitution.
Article 32 grants the Supreme Court the authority to issue directions, orders, or writs, as specifically outlined, for the enforcement of fundamental rights. Article 32 is distinctive since the right to approach the Supreme Court under this provision is recognised as a Fundamental Right in itself.
