The Enforcement system under the Constitution of India

 In this regard, our Constitution of India reveals the Enforcement system for the implementation of human rights which are available in India. In today’s context, the direct enforcement system of human rights is mainly found underthe Constitution of India namely the Supreme Court of India (Under Artcle-32)& the High Court (Under Article 226). The major responsibility for implementation or enforcement of human rights or fundamental rights has been furnished to the Hon’ble Courts under the Supreme Law that is the Constitution of India & the ‘Supremacy of the Constitution’[1], ‘the Jurisdiction of articles 32 & 226’[2] ‘Independent Judiciary’[3] cover within the ‘Basic Structure’ of the Constitution as laid down by the Supreme Court of India which cannot be destroyed by the amendment (s) of the Parliament of India. Except the aforesaid Courts, no court or tribunal or commission or others has power & jurisdiction in respect of theimplementation or enforcement of human rights or fundamental rights in India. In the case of RomeshThappar v. State of Madras[4] was held that the Supreme Court is as the protector and Guarantor of fundamental rights or a Watchful Sentinel on the qui vive. The above said Hon’ble Courts are the protector of the rights. These rights as mentioned hereinbefore are protected, preserved & developed through the procedure of the implementation or enforcement by the issuance of appropriate direction (s) or order (s) or writ (s).  The human rights or fundamental rights are also enforced by the means of ‘Judicial Review’ or ‘Judicial Activism’ or ‘Public Interest Litigation’ by the hon’ble Supreme Court or High Court respective. The human rights or fundamental rights as contained or recognized under the Part- 03 in the Indian Constitutional Law have been guaranteed by the article 32.[5]The hon’ble Supreme Court or High Court concerned may exercised their power as conferred to enforce the rights against the State orin the case ofDelhi Domestic Working Defence Forum v. Union of India[6] held that the fundamental rights can also be enforced against the Private Institution (s) or person (s). In this connection, other relevant provisions with regard to the enforcement in addition to above said articles as- Article (s)-136, 137, 139 and the ‘Curative Petition’ has also been propounded in the case of Rupa Ashok Hurra v. Rupa Ashok Hurra[7] in this regard.

With respect to the aforesaid, the hon’ble Courts are playing the greatest and most important role & the also the Courts are performing their furnished responsibilities for theimplementation or enforcement of human rights or fundamental rights in India which is very worth appreciating. The courts have created or written the history in the field of the rights for the interest of all people beyond all kinds of discriminations. A number of leading, land mark and other cases have also been delivered by the Courts for the welfare of all. The courts are having their own the most specific place in the Indian history concerned.

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[1]KeshvanandBharati v. State of Kerala AIR 1973 SC 1461

[2] L. Chandra Kumar v. Union of India AIR 1997 SC 1125

[3]Shri Kumar  Padma Prasad v. Union of India AIR (1992) SCC 428

[4] AIR 1950 SC 124

[5] The Constitution of India

[6] (1994) SCC 14

[7] Writ Petition (Civil) no 509 of 1997 decided on 10 April, 2002