Article 13 : Guardian of the Fundamental Rights

Q. Article 13 makes the judiciary and especially the Apex court as a guardian, protector and interpreter of the fundamental rights. Discuss. [20 marks - 2018]

Article 13 : Guardian of the Fundamental Rights

Article 13 acts as the protector of the fundamental rights. It aids the court and citizens to keep the powers of the legislature under preview. Article 13 of the Indian Constitution describes the means for judicial review.

It mandates a duty for the government to protect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

The judiciary is the legal a protector of the constitutional rights. The primary responsibility for implementation of the rule of law lies that the judiciary. It is the significance of judicial review, to ensure that democracy is inclusive and there is accountability of everyone who wields or Exercises public power.

The principle of judicial review becomes an essential feature of Indian constitution. The power of judicial review is incorporated in article 226 and 227 of the Constitution as the high courts are concerned and in regard to Supreme Court article 32 and 136 of the Constitution.

Judicial review is the power of go to pronounce upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void.