FROM GUARDIAN TO CATALYST- THE SUPREME COURT’S ROLE IN PROTECTING FUNDAMENTAL RIGHTS

The Supreme Court of India occupies a pivotal position as the ultimate guardian of Fundamental Rights within the Indian democratic framework. While originally envisaged as an adjudicatory body under the adversarial system, the Court’s role has progressively evolved from that of a protector to an interpreter of the basic rights enshrined in the Constitution. This blog examines how the Supreme Court has expanded the scope of fundamental rights through judicial review, purposive interpretation, and participatory mechanisms such as Public Interest Litigation (PIL). By tracing the development of the Basic Structure Doctrine through landmark judgments, it seeks to examine the evolution of the judicial review powers of the Apex Court. Its role in addressing contemporary needs through constitutional design is elaborated through the Court’s purposive and expansive interpretation of Article 21. Through the introduction of PIL, the blog highlights the Court’s contribution in transforming negative liberties into enforceable positive obligations upon the State. Simultaneously, it undertakes a critical analysis of judicial overreach, institutional tensions between the Legislature and the Judiciary, and moments of constitutional failure witnessed during the Emergency, highlighting the institution’s vulnerability to legislative pressures. Ultimately, the blog underscores the need for vigilant and conscious preservation of the Court’s independence to uphold the rule of law and constitutional sentiment in a democratic polity.