How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?

The Constitution of India has granted six Fundamental Rights to its citizens. These rights are:

(i) Right to Equality.

(ii) Right to Freedom.

(iii) Right against Exploitation.

(iv) Right to Freedom of Religion.

(v) Cultural and Educational Rights.

(vi) Right to Constitutional Remedies.

According to the sixth rights i.e., “Right to Constitutional Remedies” which has been given in the Article 32 and 226 of the Constitution, all the above given fundamental rights are to be protected through the various writs which the High Courts and the Supreme Court can issue from time to time. These writs are following :

(a) The Writ of Habeas Corpus: The writ of habeas corpus is the protector of individual liberty and the foundation stone of the rule of law. Such as writ is to that body who has taken someone else to custody against the spirit of law. Through this writ the detainer is ordered to produce the detainee before the court.

(b) The Writ of Mandamus: The writ of mandamus is issued by the Supreme Court to a lower court, official or an association. The aim of this writ is to protect the right of the petitioner and to get some duty done by that authority to whom the writ is issued. The Supreme Court can issue this writ only for protecting the fundamental rights, but the High Courts are empowered to issue for other purposes also in addition to safeguarding the fundamental rights.

(c) The Writ of Quo-warranto: The writ of Quo-warranto is issued to any individual who has usurped a public office. He is asked through this writ about his right to hold the said office. The writ is issued only when there is no other way out for remedying the grievances. Moreover, it can be issued only for a public office and not for the office of any private organization. In reply to such a writ, the officer concerned has to legally prove his right to hold that office, otherwise the court can get that office vacated.

(d) The Writ of Prohibition: The writ of prohibition is issued by a higher court to a lower one. This writ is usually issued when either the lower court is exercising some powers beyond its jurisdiction or any party fears the possibility of injustice in that court. Such a writ can be issued to some a public tribunal as well whose function is semi-judicial. Through this writ a higher court orders a lower court or a public tribunal to stop the proceedings of a certain case.

(e) The Writ of Certiorari: The writ of certiorari is usually issued with the writ of prohibition. Through this writ, a higher court orders a lower court to send the records concerned with a case therewith to the former.

Through various decisions, the judiciary has given new interpretation to the Constitution and protected the rights of citizens. Judiciary is entrusted with the task of protecting rights of individuals. The Constitution provides two ways for the remedy of the violation of rights. First by issuing writs and the second by declaring the concerned law unconstitutional. The review power of Supreme Court is that the Supreme Court has the power to review legislations on the ground that they violate the fundamental rights. This feature enables the judiciary to protect the Constitution effectively and also to protect the rights of citizens. The practice of entertaining the Public Interest Litigations has further added to the powers of the judiciary in protecting rights of citizens.