Write an essay on The Supreme Court as the Protector of Civil Liberties.

Question: Write an essay on The Supreme Court as the protector of Civil Liberties. [BJS 1984]

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Answer

The Constitution of India framed in the wake of India’s freedom very appropriately guaranteed certain fundamental rights which are justiciable. The Founding Fathers had displayed great statesmanship in constituting the Supreme Court and the High Court as the custodians of the fundamental rights enshrined under the Constitution. After the commencement of the force of the Constitution in 1950 a new and fascinating chapter in the life of the Indian Judiciary has opened itself. The Supreme Court, being the Apex Judiciary has become the vigilant guardian of civil liberties in India.

The Supreme Court has been called upon time and again to protect the civil liberties of the individual against legislative and executive encroachments. In-State of Madras v. VG Row case (AIR 1952 SC 196). Patanjali Sastri, C. J., observed: that our Constitution contains express provision for judicial review of legislation as to its conformity with the Constitution. This is especially true as regards the fundamental rights as to which this Court has been assigned the role of a sentinel on the qui vive. While the Court naturally attaches great weight to the legislative judgment, it cannot desert its own duty to determine finally the con.stitutiona1ity of an impugned statute.

For the enforcement of the fundamental rights of the citizens, the Supreme Court has been given utmost power under Article 32 which is regarded as the heart and soul of the Constitution. Art. 32 do not merely confer power on the Supreme Court, as Art. 226 does on the High Courts to issue certain writs for the enforcement of the rights conferred by Part III or for any other purpose, as part of its general jurisdiction. Art. 32 provides a ‘guaranteed’ remedy for the enforcement of those rights, and this medical right is itself made a fundamental right by being included in Part III.

In Bashesharnath v. Commissioner of Income Tax (AIR 1959 SC 149), the Supreme Court took a lofty view of the nature of fundamental rights. The main question was whether it was open to a citizen to waive his fundamental rights. The Court held that, as fundamental rights were guaranteed to the people as a matter of public policy, it was not open to anyone to waive his fundamental rights.

The Supreme Court has thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringements of such rights.

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