Question

Explain briefly the"right to constitutional remedies".How this right could be enforced?
(Please give the answer in points)

Answer 1

fundamental rights will serve no purpose unless they cannot be safeguarded and and force by the constitution method in order to make our fundamental rights effective article 32 of the Constitution confers up on the citizens of India the rights of constitution constitution remedies article 32 give the citizens the right to move the supreme court by appropriate proceeding for the enforcement of fundamental rights this remedies rights itself is a fundamental right included in the part 3 of the constitution the supreme court is a will the power to ensure orders direct and write in order to protect the rights of the citizens some of the writs are in the of the following

1. Habeas corpus
2. mandamus
3. prohibition
4. certiorari
5. QUo warranto

Answer 2

Answer:

The Right to Constitutional Remedies allows an Indian citizen to move the court if he feels that any of his or her Fundamental Rights has been violated by the State. As the final interpreter of the Constitution, the judiciary has the power to review or even strike down any particular law passed by the Parliament if it believes that this law violates the basic structure of the constitution, which is called judicial review. In this way we find that the Right to Constitutional Remedies given in the Fundamental Rights is directly connected and supported by the idea of judicial review.

Dr. B.R. Ambedkar described 'The Right to Constitutional Remedy' as the ‘heart and soul’of the Indian constitution. Because when any of our rights is violated, we can seek remedy through courts. If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of the state. Or if any act of Legislature or Executive takes away or limits any of the Fundamental Rights, it will be invalid. We can challenge Such laws of the Central or the State Government in the court of law.

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