Question

state in brief the cases registered basing on constitutional remedies and writs?​

Answer 1

Explanation:

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Answer 2

Answer:The spirit of the Constitution of India reflects on its positive approach towards the enforcement of fundamental rights. Article 13 of the Constitution makes all laws made by the State, which are in violation of the Part III of the Constitution, void. Article 32(1) and 226 empower the Supreme Court and High Court respectively to enforce these Rights. Article 32 (3) also empowers the Supreme Court to delegate the power to enforce the fundamental rights to other Courts.

Courts can exercise this power by using the tools that have been given to them by Art 32(2) and 226. Art 32 (2) grants the Supreme Court the “power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this (III) Part”.

Article 226 provides a parallel right to the High Courts. However, a major difference between the power endowed by Article 32 and Article 226 is that while Article 32 can be invoked only in case of a breach of Fundamental Rights, Article 226 can be invoked for “any other purpose also” [1] .

However, despite this positive approach, the Fundamental Rights are not absolutely enforceable. Article 32(4) allows the suspension of these rights in exceptional circumstances.

Explanation: