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Judiciary: How Courts Protect Rights

TL;DR The Judiciary is the part of the State that interprets the law and protects your rights. The Supreme Court is the highest court; below it are High Courts and district and lower courts. Courts can strike down laws that violate the Constitution and can enforce your fundamental rights.

Supreme Court

The Supreme Court of India is at the top. It hears appeals from High Courts and can hear cases directly when fundamental rights are violated (Article 32). It interprets the Constitution and can declare a law invalid if it goes against the Constitution.

High Courts and lower courts

Each State (or group of States) has a High Court. High Courts hear appeals from lower courts and can also enforce fundamental rights (Article 226). Below them are district courts, sessions courts, and other trial courts that hear day-to-day cases.

How courts protect your rights

If you believe a fundamental right has been violated, you can approach the Supreme Court (Article 32) or a High Court (Article 226). Courts can issue orders (writs) to protect you — for example, to release someone held illegally (habeas corpus) or to direct a public body to do its duty (mandamus).

What you can do

  • Know that the courts are there to protect your rights. For many day-to-day issues, grievance portals, RTI, or complaint to the concerned department may be the first step; courts are an option when rights are seriously affected.
  • If you go to court, you may need a lawyer; legal aid is available for those who cannot afford it.
  • Read Right to Constitutional Remedies (Article 32) for more on how to approach the Supreme Court.

Related: Right to Constitutional Remedies (Article 32) · Parliament: Role and Responsibilities · Introduction: Constitution for Citizens · Understanding Citizen Rights

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Judiciary: How Courts Protect Rights