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Exercises · Q10

Q.How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?

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Judicial activism, through PIL, is directly tied to protecting fundamental rights — and yes, it has expanded their scope, both by letting more people enforce them and by broadening what counts as a right in the first place.

Two of the Constitution's provisions make the Supreme Court the protector of fundamental rights: writ jurisdiction under Article 32 (and Article 226 for High Courts), which lets the Court restore a violated right directly, and judicial review under Article 13, which lets the Court strike down any law that violates a fundamental right. Judicial activism gave both of these teeth in practice by removing the old requirement that only a personally aggrieved individual could invoke them — from around 1979, the Court began accepting PILs filed by others on behalf of people who could never have accessed these remedies unaided. …

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