Question

Briefly explain 'Right to constitutional remedies '

Answer 1

$\underline{ \bf{Right \:to \: constitutional \: remedies - }}$


»Right to Constitutional Remedies is one of the fundamental right provided to the Indian Citizens.


»According to this right, if any of the fundamental right of the citizen is violated, he/she can appeal in the court of law.


»This right is therefore also known as "Guardian of all rights" as it protects other rights of the citizens.


»This right remains in the hands of citizen even when all other rights are taken away. Example:- During emergency when presidential rule is implemented.


»Right to Constitutional Remedies is also known as "Heart and Soul Of Indian Constitution".

Answer 2

Right to Constitutional Remedies:

1. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
2. It is one of the fundamental rights provided in the constitution. It is the right to get fundamental rights protected.
3. Dr.Ambedkar called Article 32 as 'soul of the constitution and the very heart of it'.
4. It gives a citizen right to approach a high court or the supreme court to get any of the fundamental rights restored in case of their violation.
5. The supreme court and the high courts can issue orders and give directions to the government for the enforcement of rights.

The courts can issue various special orders known as writs. The following are different kinds of writs.

a) Habeas Corpus: It is a Latin term which literally mean 'to have the body of'. It is an order issued by the court that the arrested person should be presented before it. It can also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory.

b) Mandamus: It means 'we command'. This writ is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.

c) Prohibition: It means to 'forbid'. It is issued by a higher court when a lower court has considered a case going beyond its jurisdiction.

d) Quo Warranto: It means 'by what authority or warrant'. If the court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.

e) Certiorari: It means 'to be certified' or 'to be informed'. The court orders a lower court or another authority to transfer a matter pending it to the higher authority or court.