Article 35 of the Indian Constitution: Protecting Constitutional Remedies and Judicial Review

Introduction

Article 35 of the Indian Constitution plays a vital role in safeguarding the right to constitutional remedies and enabling judicial review. It ensures that individuals have access to the courts to seek enforcement of their fundamental rights and challenge the constitutional validity of laws and governmental actions. In the context of the current modern era, where the protection of individual rights and the balance of power are paramount, it is important to discuss the scope, implications, and relevant case laws associated with Article 35.

Understanding Article 35

Article 35 of the Indian Constitution guarantees the right to seek constitutional remedies. It states that the Parliament may enact laws that provide for the enforcement of fundamental rights through writs, directions, or orders from the Supreme Court or High Courts. It empowers individuals to approach the judiciary to protect their rights and ensure the rule of law.

Relevant Case Laws Shaping the Interpretation of Article 35

1. Kesavananda Bharati v. State of Kerala (1973):

The Kesavananda Bharati case is a landmark judgment that defined the basic structure doctrine and reinforced the significance of judicial review. The Supreme Court held that the power of judicial review is an essential feature of the Constitution and cannot be abrogated. It asserted that Article 35 guarantees the right to approach the court to challenge the constitutional validity of laws.

2. Indira Nehru Gandhi v. Raj Narain (1975):

In this case, the Supreme Court reaffirmed the importance of Article 35 in ensuring free and fair elections. It held that the power of judicial review includes the authority to examine and strike down laws and actions that violate the principles of democracy, fair elections, and the rule of law.

3. Vishaka v. State of Rajasthan (1997):

The Vishaka case addressed the issue of sexual harassment in the workplace. The Supreme Court recognized the absence of specific legislation on the matter and utilized its power of judicial review under Article 35 to lay down guidelines and provide protection to women against sexual harassment at work. This case exemplifies how Article 35 enables the judiciary to fill legislative gaps and protect fundamental rights.

Relevance of Article 35 in the Modern Era

1. Protection of Fundamental Rights:

In the modern era, where individual rights and liberties are of paramount importance, Article 35 plays a crucial role in protecting and enforcing fundamental rights. It ensures that individuals have access to constitutional remedies, enabling them to seek redressal for violations of their rights and holding authorities accountable.

2. Upholding the Rule of Law:

Article 35 strengthens the rule of law by empowering the judiciary to review the constitutionality of laws and governmental actions. It serves as a check on the exercise of power, ensuring that laws and actions are in conformity with the Constitution and do not infringe upon fundamental rights. This mechanism helps maintain the balance of power between different branches of government.

3. Judicial Activism and Social Justice:

Article 35 allows the judiciary to proactively address societal issues and protect marginalized and vulnerable sections of society. Through judicial activism, the courts can interpret and expand the scope of fundamental rights to address evolving challenges and ensure social justice. This power enables the judiciary to fill legislative gaps and protect the rights of individuals who may not have other avenues for redressal.

Conclusion

Article 35 of the Indian Constitution guarantees the right to constitutional remedies and facilitates judicial review. It empowers individuals to seek redressal for violations of their fundamental rights and enables the judiciary to uphold the principles of justice, fairness, and the rule of law. The case laws discussed above exemplify the significance of Article 35 in ensuring the protection of rights, maintaining a balance of power, and addressing societal issues. In the modern era, the role of Article 35 becomes even more critical in safeguarding individual liberties, promoting social justice, and upholding the principles of democracy and constitutionalism.