The Constitution of India guarantees the enforcement of Fundamental Rights through Article 32 and Article 226. These provisions are often celebrated as powerful safeguards ensuring that rights are not merely symbolic but enforceable.
However, a deeper constitutional and practical issue arises: When violations are strictly confined to Fundamental Rights—without any accompanying civil wrong, criminal offence, or statutory breach—the enforcement mechanism becomes exclusively dependent on constitutional courts.
In cases involving tangible harm (such as injury, detention, or property loss), individuals can approach lower courts through civil or criminal law mechanisms.
However, in cases of pure constitutional violations (such as restrictions on speech or arbitrary state action without immediate physical harm), there exists no parallel remedy in subordinate courts.
This leads to a structural limitation:
Lower Courts → More accessible, but lack the power to enforce Fundamental Rights directly
Higher Courts (Supreme Court/High Courts) → Constitutionally empowered, but less accessible due to cost, distance, and procedural barriers
Adv. Paridhi Mehrotra, LL.M. (Current Student), National Law University, Shimla & Student Faculty of Law, I.E.R.L.
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