Define the right to constitutional remedies ? (20 - 30 words ) paste answer
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There is a right in India which states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. ... It is known as the right to constitutional remedies. In this right, the Supreme court, as well as high court, is given the power to instill the fundamental rights
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Answer:
They do not do any discrimination among the citizens of India on the base of colour, religion, sex etc. It holds the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation. It promotes ideal of political democracy and prevent the establishment of an authoritarian despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.
It also aim at establishing 'a government of laws and not of men'. Rule of law has three components i.e. Supremacy, Classes to same law and Impartial and powerful judiciary.
Why the Fundamental Rights are Fundamental?
Because they cover the basic of fundamental needs of citizen and are guaranteed and protected by the Constitution, which is the fundamental law of the land. It form the back bone, core and soul of constitution (Fundamental Rights + Directive Principles of State Policy). They are most essential for the all-round development (material, intellectual, moral and spiritual) of the individuals.
Originally, the Constitution provides for Seven Fundamental Rights:
Right to Equality (Articles 14 to 18)
Right to Freedom (Articles 19 to 22)
Right against Exploitation (Articles 23 to 24)
Right to Freedom of Religion (Articles 25 to 28)
Cultural and Educational rights (Articles 29 to 30)
Right to property (Article 31) : It was deleted by the 44th Amendment Act 1978. IT is made under legal right under Article 300-A in Part XII of the Constitution.
Right to Constitutional Remedies (Article 32): According to father of Indian Constitution Dr. B.R. Ambedkar, Right to enforce Right since itself is fundamental, supreme court can not refuse you to entertain the Right.
So at present, there are only Six Fundamental Rights.
Features of Fundamental Rights
Some are available only to citizen (15,16,19.29,30), rest are available to both citizen and aliens (except enemy aliens). It is not absolute but qualified (reasonable restrictions decided by the courts). Strike a balance between the rights of the individual liberty and social control. It deals with most of the area against state's arbitrary action, so when such rights are violated by the private individuals, there are no constitutional remedies but only legal remedies.
Some negative rights (like place limitations on State), while others positive in nature (like conferring certain privileges on the persons). Justiciable, allowing persons to move the courts for their enforcement as they are defended and guaranteed by the Supreme Court (Article 32), if and when they are violated. They are not sacrosanct or permanent. Change can be done by CAA (not covered in basic structure of constitution). They can be Suspended during National Emergency except 20, 21. Six rights of Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e. external emergency) and not on the ground of armed rebellion (i.e. internal emergency).
Limitated by Article 31A (saving of laws providing for acquisition of estates, etc.), Article 31B (validation of certain acts and regulations included in the 9th Schedule) and Article 31C (saving of laws giving effect to certain directive principles). Their application to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
Fundamental Rights restricted while martial law is in force (not national emergency). Military rule imposed under abnormal circumstances to restore order (Article 34). Mostly it is directly enforceable (self-executory) while certain rights like 21A (Right to Education) can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures (to maintain a uniform standard in entire nation) (Article 35).
Article - 33 : Armed Forces & Fundamental Rights
It empowers the Parliament to restrict or abrogate the FRs of the members of armed forces, para-military forces, police forces, intelligence agencies etc. (include employees who are non-combatants), done for proper discharge of their duties and the maintenance of discipline. Under the law, only Parliament can make laws to give the effect to them (Article 19), it cannot be challenged on violation of any of the fundamental rights.
A parliamentary law enacted under Article 33 can also exclude the court martial (tribunals established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned.