Under the Constitution of India, which institution is regarded as the primary guardian and protector of the Fundamental Rights of citizens?

Difficulty: Easy

Correct Answer: Supreme Court

Explanation:


Introduction / Context:
Fundamental Rights occupy a central place in the Constitution of India. They ensure basic freedoms such as equality before law, freedom of speech, protection against arbitrary arrest and cultural and educational rights. This question tests whether you know which institution is given the special role of guardian and protector of these Fundamental Rights. Understanding this is vital for topics related to judicial review, writ jurisdiction and the balance of power between the organs of the state.


Given Data / Assumptions:


    The question focuses on the guardian of Fundamental Rights under the Constitution.

    Institutions listed include Supreme Court, Parliament, the Constitution as a document and the President.

    We assume basic awareness that courts enforce rights through writs and judicial review.


Concept / Approach:
Part III of the Constitution grants Fundamental Rights, and Article 32 provides the right to constitutional remedies. Article 32 allows citizens to approach the Supreme Court directly for enforcement of these rights. Dr. B. R. Ambedkar described Article 32 as the heart and soul of the Constitution because it empowers the Supreme Court to act as guardian of rights. Though High Courts also have writ jurisdiction under Article 226, the Supreme Court has the ultimate authority and is clearly recognised as the final protector of rights at the national level.


Step-by-Step Solution:
Step 1: Identify that the question is about enforcement and protection of Fundamental Rights, not about who makes the laws. Step 2: Recall that Articles 32 and 226 empower courts to issue writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari. Step 3: Article 32 specifically gives citizens the right to directly approach the Supreme Court for violation of Fundamental Rights. Step 4: Dr. B. R. Ambedkar highlighted that this power makes the Supreme Court the guardian and protector of these rights. Step 5: Therefore, among the options, the Supreme Court is the correct answer.


Verification / Alternative check:
To verify, think about who can strike down laws that violate Fundamental Rights. Parliament enacts laws, but if these laws infringe on rights, the Supreme Court can declare them unconstitutional through judicial review. The President is part of the executive and acts mostly on the advice of the Council of Ministers. The Constitution is the source of rights but not an active enforcing body. Only the Supreme Court, supported by the High Courts, has the power and duty to enforce rights, confirming that it is the guardian institution.


Why Other Options Are Wrong:
Parliament: Parliament makes laws and can amend the Constitution within limits, but it is not the direct guardian of Fundamental Rights. Its laws can be reviewed and struck down by the courts if they violate rights.
Constitution: The Constitution grants Fundamental Rights but is a document. The question asks for an institution that actively safeguards and enforces these rights.
President: The President is the formal head of the state and part of the executive, acting mainly on the advice of the cabinet. The President does not directly enforce Fundamental Rights in the way the judiciary does.


Common Pitfalls:
A frequent mistake is to think that because Parliament is sovereign in some countries, it is also the guardian of rights in India. However, India follows constitutional supremacy, where the Constitution is above all, and the judiciary interprets and enforces it. Another confusion arises between Article 32 and Article 226. While High Courts are also protectors at the state level, most exam questions that use the phrase guardian of Fundamental Rights refer specifically to the Supreme Court. Keeping this distinction clear helps avoid wrong answers in similar questions.


Final Answer:
The institution regarded as the guardian and protector of Fundamental Rights in India is the Supreme Court.

Discussion & Comments

No comments yet. Be the first to comment!
Join Discussion