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Question
Hew does supreme court play the Guardian of the Fundamental Rights?
Solution
The Fundamental Rights are guaranteed by the Constitution against the action of both the Executive as well as Legislature. Any act of the Executive or of the Legislature which takes away or abridges any of these fundamental rights shall be unconstitutional and the Court is empowered to declare it as void. Article 32(1) guarantees for the enforcement of the Fundamental Rights, Article 32(2) lays down that the Supreme Court has the power to issue directions or orders or writes like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of Fundamental Rights. The Supreme Court is thus the protector, and guardian of the Fundamental Rights guaranteed under the Constitution.
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