Fundamental rights can be enforced through courts from "summary" of Constitution of India by Fali S. Nariman
The Constitution of India provides for fundamental rights to its citizens. These rights are considered essential and are guaranteed by the Constitution. They are enforceable through courts, which means that individuals can approach the judiciary if their fundamental rights are violated. The judiciary plays a crucial role in upholding these rights and ensuring that they are not infringed upon. The enforcement of fundamental rights through courts is a significant feature of the Indian Constitution. It empowers individuals to seek redressal for any violation of their rights. The courts act as a safeguard against any arbitrary actions by the state or other individuals that may infringe upon these fundamental rights. This ensures that citizens are protected and can exercise their rights without fear of repression. The courts have the authority to strike down any law or action that is found to be in violation of fundamental rights. They can issue orders and judgments to protect the rights of individuals and provide relief in cases where rights have been infringed upon. This mechanism ensures that the rights enshrined in the Constitution are not merely symbolic but are enforceable and upheld in practice. The enforcement of fundamental rights through courts also serves as a check on the powers of the government. It ensures that the government acts within the boundaries set by the Constitution and does not overstep its authority. This helps in maintaining a balance of power and prevents any abuse of power by the state.- The concept of enforcing fundamental rights through courts is a cornerstone of the Indian Constitution. It ensures that individuals have a mechanism to protect their rights and seek justice in case of any violation. The judiciary plays a crucial role in upholding these rights and ensuring that they are not compromised in any way.
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