Question

Which institution is called the custodian and guardian of fundamental rights in India?
(a) The Parliament
(b) The Central Government
(c) The Supreme Court
(d) None of the above

Answer 1

Hint: Fundamental rights are a group of rights that are specifically identified in the Constitution of India. They are enshrined in Part III of the Constitution from Articles 12-35. Fundamental Rights protect the liberties and freedom of the citizens against the state.

Step by step answer:
The right to get the fundamental right protected is itself a fundamental right. This makes fundamental rights more clear. Article 32 confers the right to remedies for the implementation of fundamental rights. The supreme court ruled that Article 32 is a basic feature of the constitution which contains four provisions:
(I) The right to directly approach the supreme court for the enforcement of the fundamental rights which is guaranteed.
(II) The Supreme court shall have the power to issue directions/orders or writs for the enforcement of the guaranteed fundamental rights.
(III) Parliament can empower other courts to issue directions, writs however this can be done without prejudice to the above powers conferred on the supreme court.
(IV) The right to move to the supreme court should not be suspended except provided by the Constitution.
Therefore it is clear from the above provisions that the Supreme court is constituted as the ‘custodian and Guarantor of the fundamental rights in India’
Now the question arises what is the role of a high court in this particular area?
Basically, high courts do have powers to issue direction and writs under article 226. However, the Supreme court has ruled that where relief through the high court is available under Article 226, the affected party should directly move to the high court.

So, the correct answer is Option B.

Note: Important Part and Articles-
(i) The Parliament - Part V ( Article 79-122)
(ii) The Supreme court- Part V ( Article 124-247)