The Fundamental Rights are justíciable and are protected by
the Court". In the light of the above statement, Explain the
Right to constitutional Remedies plz answer m mine question .
Answers
Our Fundamental Rights are Justiciable and are protected by the court under 5 writs.
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◆ Habeas Corpus - Means an unlawfully detained person may be produced before court to find out whether detention was legal or not. It is the most valuable right for protection of personal liberty.
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◆ Mandamus - It is issued when a public servant has failed to perform a duty. In such a case,the court orders the concerned official to perform the duty.
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◆ Prohibition - It means To prohibit or Forbid. This writ is normally issued by a superior court to the lower court asking it or not to proceed with a case which doesn't fall under its jurisdiction.
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◆ Quo Warranto - It is issued to restrain a person from acting in a public office to which she/he is not entitled.
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◆ Certiorari - It means to be more fully informed of. If a superior court wants some additional information or records from a lower court to enable itself to deal with the case more effectively,this writ may ne issued.
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-> If our Rights are violated we can move to the court.
This is the question of chapter: Fundamental Rights, Fundamentals duties and Directive Principles of Indian Policy of 8th class.
✰AnSwer✰
- If a citizen feels that one of his/her Fundamental Rights has been violated by an executive order, he/she may request the Supreme Court/High Court to issue the appropriate writ for the restoration of her/his right.
- In case a Fundamental Right is violated one can move to the court of law and seek justice. Fundamental Rights are not absolute and unlimited.
- The fundamental rights protect the citizens against the misuse of powers by the Government or some institution or individuals. Therefore the Fundamental Rights are justiciable and are protected by the Court.
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