Role of HC and SC in protection of FR

Subject: Polity

Context:

Supreme Court ordered states and Union Territories to complete the process of sending migrants back to their home states within 15 days.

Concept:

• Migrants are one of the hardest hit groups in COVID pandemic. Many of them without access to food, transport walked to their homes.
• Having refused several times earlier to intervene on the issue of migrant labourers, the Supreme Court asked states to consider withdrawing cases registered against the migrants for trying to walk to their homes flouting lockdown rules, and urged states and UTs to work on the next stage of attending to their needs
• As the protector and guardian of fundamental rights, from the very beginning the Supreme Court has adopted the stance that it acts as the sentinel in relation to fundamental rights and has stressed this role in several cases.
• The Constitution underlines this role of the court through article 32(1), which reads: The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this article.
• The Constitution-makers made the right of a citizen to move the Supreme Court under article 32, and claim an appropriate writ against the unconstitutional infringement of his fundamental rights, itself a fundamental right.
• However, the writ jurisdiction of the Supreme Court is not exclusive.The high courts are also empowered to issue writs for the enforcement of the Fundamental Rights under Article 226.
• Similarly Article 13 provides shield to fundamental rights by declaring that all laws, which are inconsistent with or in derogation of any of the Fundamental Rights, shall be void to the extent of their inconsistency. It imposes an obligation on the State to respect and implement the Fundamental Rights and provides the Judicial Review power.