Question

Juidiciary acts as a gurdianof fundamental right how

Answer 1

Juidiciary acts as a gurdian of fundamental by giving right judgements and punishments

and by creating some laws also

Answer 2

India has three organs which are derived from its own Constitution

Legislature: one who makes laws (i.e Parliament)

Executive: one who implements laws (i.e Council of Ministers in parliament)

Judiciary: one who is custodian of constituion

Supreme Court of India is the Apex court in India it is the sole custodian of Indian constitution.

How does it protect???

Under Indian constitution every Individual has his own fundamental rights to enjoy and if anyone(state or any other individual, organisation etc.) tries to impose restrictions, then the aggrieved Individual can approach directly to the apex court (i.e supreme court)for his rights and the court issues writ for enforcement of his/her fundamental rights against the party.

As per Indian constitution,

Article 32: Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution

writs are as follows

Habeas Courpus: “to produce the body” (issued against private individuals and public authorities)

Mandamus:” we command”(issued against a public official)

Prohibition: issued by higher court to lower court (issued against judicial and quasi judicial bodies)

Certiorari: to be “certified or informed” (issued against judicial and quasi judicial bodies)

Quo warranto: “by what autority” (issued only in case of substantive public office)

Even Dr. B.R. Ambedkar about article 32 in his own words says -

“An article without which constitution would be nullity. It is the very soul of the constitution and the very Heart of it”

The supreme court also ruled that Article 32 is a basic feature of the constitution. Hence, it cannot be abridged or taken away even by way of amending the constitution

Hence, i here by conclude that supreme court is the sole CUSTODIAN OF INDIAN CONSTITUTION

Source: LAXMIKANTH (INDIAN POLITY)

Hope you like it :)