Supreme Court as the Guardian of Fundamental Rights

  1. Article 32 establishes the Supreme Court as the protector and guarantor of Fundamental Rights. Key features include:
    • Relief under Article 32 cannot be refused on grounds like:
      • Availability of alternate remedies.
      • Presence of disputed facts or need for evidence.
    • The Supreme Court can modify the relief sought to suit the case’s requirements.
    • Public Interest Litigation (PIL): Expands access by allowing any individual or group to seek redress for collective or social issues.
    • Constitutional Immunity of Article 32: Article 32 is immune to legislative interference. Laws rendering Article 32 ineffective can be invalidated.
      • A.K. Gopalan v. State of Madras: The Supreme Court struck down provisions of the Preventive Detention Act, 1950, that curtailed the court’s ability to examine detention grounds, holding such provisions ultra vires.