Which authority should an Indian Citizen approach for securing his fundamental right of personal freedom guaranteed by the Constitution?

The correct answer is The Supreme Court or a High Court.

Key Points

• The correct answer is (D) The Supreme Court or a High Court.
• The Supreme Court of India is the highest judicial body and the court of last resort under the Constitution of India.
• It is the ultimate interpreter of the Constitution and has the power to issue writs, including habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of Fundamental Rights under Article .
• An individual whose fundamental right to personal freedom is violated can directly approach the Supreme Court seeking a remedy.
• The Supreme Court's role as the guardian of the Constitution makes it the primary authority for protecting the fundamental rights of citizens across the country.
• Its decisions are binding on all courts and authorities within India.
• A High Court is the principal civil court of original jurisdiction in the state and can also exercise criminal jurisdiction.
• Each state in India has a High Court, although some states share a common High Court.
• Under Article of the Constitution, a High Court has the power to issue writs for the enforcement of Fundamental Rights within its territorial jurisdiction.
• Therefore, an Indian citizen whose fundamental right to personal freedom is violated can also approach the High Court of the concerned state for relief.
• This provides citizens with a more accessible avenue for seeking justice, as they may not always need to travel to the Supreme Court in Delhi.

Additional Information

• The President of India
  • The President of India is the Head of State and the first citizen of India.
  • While the President holds a high constitutional office and plays a crucial role in the governance of the country, including assenting to laws that may impact fundamental rights, the President does not have the judicial power to directly enforce fundamental rights.
  • The President's functions are primarily executive and ceremonial in nature, and any grievances regarding the violation of fundamental rights must be addressed through the judicial system, specifically the Supreme Court or the High Courts.
• The Governor of a State
  • The Governor of a State is the constitutional head of a state and acts as the representative of the President.
  • Similar to the President at the national level, the Governor's role is primarily executive and ceremonial at the state level.
  • While the Governor is involved in the legislative process at the state level, including assenting to state laws, they do not possess the judicial authority to directly address and remedy violations of fundamental rights.
  • Citizens seeking redress for the infringement of their fundamental right to personal freedom must approach the High Court of their respective state or the Supreme Court of India.
• The Speaker of Lok Sabha
  • The Speaker of Lok Sabha is the presiding officer of the House of the People (Lok Sabha), the lower house of India's Parliament.
  • The Speaker's primary responsibilities are to conduct the proceedings of the Lok Sabha, maintain order and decorum in the House, and decide on points of order.
  • While the Lok Sabha has the power to legislate on matters concerning the rights of citizens, including fundamental rights, the Speaker in their capacity as the presiding officer does not have the judicial authority to directly enforce these rights.
  • Citizens seeking remedies for violations of their fundamental right to personal freedom must approach the judicial system, specifically the Supreme Court or the High Courts.