Judicial Protection Of Fundamental Rights: The Role Of The Supreme Court Of India

Abstract The Constitution of India places enforceable guarantees of liberty, equality and dignity at the centre of its democratic framework. The Supreme Court has a pivotal responsibility in giving practical effect to these guarantees. Through constitutional interpretation, judicial review, writ remedies and public interest litigation, it has shaped the meaning and reach of the rights set out in Part III. Article 32 is especially significant because it enables a person to seek the Supreme Court’s intervention directly when a Fundamental Right is infringed. This paper studies the Court’s contribution through important rulings on equality, freedom, life and personal liberty, privacy, dignity and the limits of State power. It considers the development of Article 21, the role of public interest litigation in widening access to justice, and the way judicial review supports constitutional supremacy. It also discusses concerns about delay, institutional capacity, and separation of powers and the proper limits of judicial intervention. Rights protection depends not only on judicial pronouncements but also on their timely implementation, public awareness and responsible action by every branch of government.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-09-30
DOI
https://doi.org/10.5281/zenodo.23053279
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
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Judicial Protection Of Fundamental Rights: The Role Of The Supreme Court Of India

Nikhil Kashinath Naik
Zenodo (CERN European Organization for Nuclear Research)
Judicial and Constitutional Studies
article

Judicial Protection Of Fundamental Rights: The Role Of The Supreme Court Of India

Nikhil Kashinath Naik
article en

Abstract

Abstract The Constitution of India places enforceable guarantees of liberty, equality and dignity at the centre of its democratic framework. The Supreme Court has a pivotal responsibility in giving practical effect to these guarantees. Through constitutional interpretation, judicial review, writ remedies and public interest litigation, it has shaped the meaning and reach of the rights set out in Part III. Article 32 is especially significant because it enables a person to seek the Supreme Court’s intervention directly when a Fundamental Right is infringed. This paper studies the Court’s contribution through important rulings on equality, freedom, life and personal liberty, privacy, dignity and the limits of State power. It considers the development of Article 21, the role of public interest litigation in widening access to justice, and the way judicial review supports constitutional supremacy. It also discusses concerns about delay, institutional capacity, and separation of powers and the proper limits of judicial intervention. Rights protection depends not only on judicial pronouncements but also on their timely implementation, public awareness and responsible action by every branch of government.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 2%
Judicial and Constitutional Studies
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