Question

explain what is meant by the right to constitutional remedies

Answer 1

Article 32 provides the right to Constitutional remedies which means that a person has right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. While Supreme Court has power to issue writs under article 32, High Courts have been given same powers under article 226. Further, the power to issue writs can also be extended to any other courts (including local courts) by Parliament via making a law for local limits of jurisdiction of such courts. Kindly note that Court Martial i.e. the tribunals established under the military law have been exempted from the writ jurisdiction of the Supreme Court and the high courts via article 33.

Contents

Importance of Article 32

Comparison of Supreme Court and High Court in Issuing writs