Author: Archana Pandey
BA LLB, Second Year
Human Rights and Indian Judiciary
Human is a social animal who must have to live in a society for his welfare and wellbeing. We cannot survive without the existence of society surrounding us. When there is a human society then it is a pre-determined that conflict will also rise. Judiciary is that pillar of a democracy which protects a country or a nation from any disturbance of law and order. India is a democratic country having a division of power between Legislative, Executive, and Judiciary. Indian Judiciary is the supreme authority to maintain law and order in the society and it has a binding effect all over the nation. There are various rights provided by the constitution of India to its citizens included with human rights.
Human rights are those practices and power that has been provided to every citizen so that he is able to live his life safely and with pride. Human rights include various rites which is necessary for a person to protect himself from any sort of crime or discrimination. Human rights constituted with the following rights:
Civil Rights: These are the basic rights which talks about Right to Liberty, Right to life and providing security and safety to the persons.
Political Rights: These are rights which have been given in the political areas. A person has a right to vote, stand in elections, and demand for the equality before law.
Economic Rights: Each an d every person has a right to do whatever job he or she wants, they have rights to receive equal wages for the work, and have a right to own a particular property, etc.
Social Rights: The Society consists of people full of demands and social causes that’s why it provides an individual Right to have Education, Right to Marry, etc.
Cultural Rights: In such a diversified country every citizen has a right to pursue his religion and perform the activities regarding the same. They are free to change their religion or following the practices of that religion.
Collective Rights: It consist a collection of all rights related to a particular individual like Right to Self-determination and recognition.
According to the Indian Constitution every individual who is a citizen of India or residing in India eligible enjoy all the rights for granted by the constitution of India. There is a systematic relation between human rights and judiciary. For the sake of activity performing and executing the rights in the public is the main work of judiciary. If only the rules have been framed and no execution is there in the society then there will be no use of the same.
If there is an infringement of rights of the individual by any other person then he has a right to directly file a writ in the Supreme Court or High Court of that infringement to take damages for securing that right. The Judiciary will provide specific verdict over that concerning issue.
Article 32 of the Indian Constitution
Article 32 provides as a safe guard of rights of an individual. The person can file a writ petition to directly approach the Supreme Court whenever there is an infringement of his or her rights. Under Article 32 (1) any right which is mentioned in Part III of the Indian Constitution will have to be protected by the Supreme Court. Under Article 32 (3), the constitution provides right to the judiciary to entertain the matter of its jurisdiction and also under Article 32 (2), it can issue various writs over any infringement of rights.
Article 226 of the Indian Constitution
According to Article 226, the constitution has provided rights to the high court of India so that it can issue writ petitions whenever there is an infringement of rights of individual. Under Article 226 (1), the court authorizes the Government to entertain the matter of their jurisdiction. And if the government has no jurisdiction then the nearby Court will take care of that matter.
Types of Writs
Writ of Habeas Corpus: It simply means that “you must have a body”. It talks about whenever a person is caught by the police and not served before the court within 24 hours of detention then he has a right to file writ petition. As it violates Article 14 i.e. Right to Life. It is simply here to protect a person from any wrongful detention.
In Sunil Bhatta v. Delhi Administration, the writ is not only release the person from any wrongful detention but also protects prisoners from any inhuman and barbaric acts over them.
Writ of Mandamus: It means that “we command”. The order has been passed by the Supreme Court to any lower court, authority or public so that there is a proper functioning of work can be attained.
Writ of Certiroi: This writ has been issued by the Supreme Court to the inferior courts to pass over any case or matter to the higher authorities. It seems as passing of a matter to decide the verdict over it.
Writ of Prohibition: It is like a “Stay Order.” The supreme authority can stop or apply stay order over the proceedings of lower court if it is not satisfied by the same.
Writ of Quo Warronto: This writ has been issued to restrain a person from acting in any public office which he or she is not entitled to have. For instance due to of the completion of age for that post.
Human Rights and Judiciary work in the parallel phases. Both are necessary for each other to perform well and good. On the one hand when Human Rights is protecting the interest of the citizens of India, the Judiciary is working to protect and execute those rights provided by the Constitution. These can only work properly in the society when a simultaneous connection prevailed between them. The Constitution of India Constitute a legal framework to protect the interest and rights of the individuals.
Hitesh Ashiya, human Rights and Role of Indian Judiciary, Madhav University, https://madhavuniversity.edu.in/human-rights.html
Rachana, Human Rights and Judicial Endeavour for its protection, Legal Service India, http://www.legalserviceindia.com/legal/article-624-human-rights-and-judicial-endeavour-for-its-protection.html
Romil Bhatkoti, Human Rights and Judicial Activism, Indian Political Science Association, https://www.jstor.org/stable/42761429
Fahed Abul, Fordham International Law Journal, https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1883&context=ilj
 1978 AIR 1675