How does the Indian Constitution ensure the protection of fundamental rights
The question delves into the mechanisms by which the Indian Constitution safeguards fundamental rights.
The Indian Constitution ensures the protection of fundamental rights through various mechanisms:
- Enumerated Rights: The Constitution explicitly lists several fundamental rights that are guaranteed to every citizen, such as the right to equality, freedom of speech and expression, and the right to constitutional remedies.
- Justiciable Rights: Fundamental rights can be enforced by citizens through the judiciary. The Supreme Court and High Courts have the power of judicial review to protect and enforce these rights.
- Separation of Powers: The Constitution separates powers between the legislative, executive, and judiciary, preventing abuse of power and protecting fundamental rights.
- Writs: The Constitution allows for the issuance of writs by the courts, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to safeguard fundamental rights.
- Constitutional Amendments: The Constitution can be amended to enhance fundamental rights, as seen in the past with amendments expanding the scope of equality and protection.
- Directive Principles of State Policy: These principles guide the state to secure socio-economic rights in favor of citizens and promote social justice.
- Public Interest Litigation: Citizens, as well as organizations, can file PILs to bring attention to violations of fundamental rights and seek remedies.
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