5.

Discuss the Constitutional Remedies for the enforcement of

Fundamental Rights.

Article 32 under the Constitution of India – Right To Constitutional Remedies

Article 32 of the Indian Constitution gives the right to individuals to move to the
Supreme Court to seek justice when they feel that their right has been ‘unduly
deprived’. The apex court is given the authority to issue directions or orders for the
execution of any of the rights bestowed by the constitution as it is considered ‘the
protector and guarantor of Fundamental Rights’.

Therefore, we can say that an assured right is guaranteed to individuals for

enforcement of fundamental rights by this article as the law provides the right to an
individual to directly approach the Supreme Court without following a lengthier
process of moving to the lower courts first as the main purpose of Writ Jurisdiction
under Article 32 is the enforcement of Fundamental Rights.

Dr. Ambedkar stated that:

“If I was asked to name any particular article in this Constitution as the most
important- an article without which this Constitution would be a nullity— I could not
refer to any other article except this one. It is the very soul of the Constitution and the
very heart of it and I am glad that the House has realized its importance.”
6. Supreme Court as a Court of Record under Article 129 of the
Constitution of India.

Article 129 in The Constitution Of India 1949

129. Supreme Court to be a court of record The Supreme Court shall be a court of
record and shall have all the powers of such a court including the power to punish for
contempt of itself

Dr. Ambedkar said that it is important to define the status of the Supreme Court. He
said

that:... a court of record is a court the records of which are admitted to be of

evidentiary value and they are not to be questioned when they are produced before
any court.

A court of record is a court whose acts and proceedings are enrolled for perpetual
memory and testimony. These records are used with a high authority and their truth
cannot be questioned. In Indian constitution article 129 make the Supreme Court the
‘court of record”. Article 129 says: Supreme Court to be a court of record.-The
Supreme Court shall be a court of record and shall have all the powers of such a
court including the power to punish for contempt of itself.
7. Describe the Bar-Bench relation in depth.

BAR-BENCH RELATIONSHIP

The term 'Bar' was originated in England with the partition of Bar fixed for dividing
the court hall into two parts for the purpose of separating lawyers and officers of
the court from suitors and other general public.

Black's Law dictionary defines 'Bar' as the railing that separates the front area
where the judge, court personnel, lawyers and witness conduct court business,
from the back area which provides seats for observers.

Bench- Bench means all the judges taken together, bench is that part of the court
considered in its official capacity, where the judges are sitting.

Relationship - Bench and Bar are the two arms of the same machinery and
unless they work harmoniously, justice cannot be properly administered through
the courts of law.

It is pertinent to note that the relationship between the advocate and judge is
quite delicate. On the one hand, it is important to allow an advocate to be firm
and resolute in the pursuance of his case while on the other, the judge must
maintain his authority in the court.

The primary duty of the lawyer is to inform the court as to the law and facts of the
case and to aid the court to do justice by arriving at the correct conclusions. Good
and strong advocacy by the counsel is necessary for the good administration of
justice.

A lawyer owes a duty to be fair not only to his client but also to the court as well
as to the opposite party in the conduct of the case. Of course, an advocate
should avoid rule, insolent or insulting behavior but a judge should not be over-
sensitive to the remarks made against him.

A judge is to respect and safeguard its privileges while he owes to the counsel is
patient hearing of the case. The judge has no business to form a forehand
opinion before the case is heard by him.

Additional duty a judge owes to the counsels is to avoid confrontation with the
lawyers in the process of argument and examination of witnesses. The judge
 should not' interrupt the counsel till he is arguing relevantly and purposefully, as
otherwise it would lead to miscarriage of justice.

Conclusion
A lawyer’s job is as important as that of a doctor’s as both of them have power to
save the life of a person who comes to seek their professional service.

Legal professionals are also imposed with vast duties and responsibilities to which
they are morally as well as legally bound. Failure of such duty can invite criticism as
well as legal sanctions including suspending such advocate from practicing and
removing his name from the Roll of advocates. Hence, knowledge of such duties,
responsibilities and sanctions is indispensable for an advocate to have a better
professional career.

The role of the lawyers in the society is of great importance. They being part of the
system of delivering justice holds great reverence and respect in the society. Each
individual has a well defined code of conduct which needs to be followed by the
person living in the society. A lawyer in discharging his professional assignment has
a duty to his client, a duty to his opponent, a duty to the court, a duty to the society at
large and a duty to himself.