The Role of the Judiciary in Protecting Constitutional Rights

Abstract

The judiciary plays a fundamental role in protecting constitutional rights and maintaining the supremacy of the Constitution in a democratic system. In India, constitutional courts, particularly the Supreme Court and High Courts, have powers of judicial review and constitutional remedies that enable them to examine the legality of laws and executive actions. Fundamental rights are protected through constitutional interpretation, writ jurisdiction, judicial review, and remedies for violations. The judiciary also contributes to the rule of law by ensuring that public authorities act within constitutional limits. This paper examines nine major dimensions of the role of the judiciary in protecting constitutional rights, including judicial review, fundamental rights, writ jurisdiction, constitutional interpretation, public interest litigation, equality, personal liberty, judicial independence, and contemporary challenges.