It is irrefutable fact that every democratic country is regulated by ‘Law’. Law provides rights to the citizens and those rights can be bifurcated into two categories i.e. Fundamental Rights and Civil Rights. In India, Fundamental Rights have been defined in the Constitution of India which is also called ‘Grundnorm‘ and all the civil rights are inferior to fundamental rights because in violation of fundamental rights a person can stand in the highest court of land whereas in case of breach of civil rights the same has to approach the lowest court.

The Lawyer offers a book fundamental rights

Now the question arises whether the law imposes duty upon lower courts (Trial courts) to protect the fundamental rights of the person as well? The answer is “Yes” in absolute terms when there is misuse of process of law. This issue came before the Apex court in the case “Kishan lal Chawla versus State of U.P.” criminal appeal number 283 of 2021. The Hon’ble Supreme Court clearly retreated that “As aforesaid, the trial courts and the Magistrates have an important role in curbing this injustice. They are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant. We are of the considered opinion that the trial courts have the power to not merely decide on acquittal or conviction of the accused person after the trial, but also the duty to nip frivolous litigations in the bud even before they reach the stage of trial by discharging the accused in fit cases. This would not only save judicial time that comes at the cost of public money, but would also protect the right to liberty that every person is entitled to under Article 21 of the Constitution. In this context, the trial Judges have as much, if not more, responsibility in safeguarding the fundamental rights of the citizens of India as the highest court of this land.”

Therefore, the time has now been started to understand the raising the issue of breach of fundamental rights at the lowest level rather to approach the constitutional courts first.

Author Bio

Qualification: LL.B / Advocate
Company: N/A
Location: Faridabad, Haryana, India
Member Since: 25 Oct 2021 | Total Posts: 1

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Telegram

taxguru on telegram TELEGRAM GROUP LINK

More Under Corporate Law

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Posts by Date

December 2021
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031