Explain why Fundamental Rights are justiciable.
Answers
Answer:
The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement. ... Now, the Directive Principles are non-justiciable in nature because they are not legally enforceable by the courts for their violation.
Answer:
Fundamental rights get their justiciability from article 32 of the Indian constitution which has been called, the "heart and soul" of the Indian constitution.
Explanation:
Justiciability refers to whether citizens have the right to go to court if any of their rights are violated. Fundamental rights, as the name implies, are rights that are essential for the development of both society and individuals. If these rights have been violated, the citizen's basic rights will be revoked. Article 32 was created to deal with situations in which any of the fundamental rights are violated. In the event of a violation of any of the FRs, citizens may approach the SC directly under this article. Citizens can also take the route of Article 226 and approach High Courts for violations of fundamental rights.
That is why FRs are referred to as justiciable because they can be challenged in court if they are violated. e.g. To protect the right to life, which is an FR under Art 21, the Supreme Court has enacted a number of environmental rules.
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