Question

the fundamental rights are justicible and are protected by the court in the light of the adove statement. explian the right to constitution remedies

Answer 1

Sir B N Rau , the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories- justiciable and non-justiciable, which was accepted by the Drafting Committee. Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-juscticiable in nature, are incorporated in Part IV of the Constitution.

The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement. A mere declaration of the Fundamental Rights in the Constitution is meaningless, useless and worthless without providing an effective machinery for their enforcement, if and when they are violated. Hence, Article 32 confers the power on the Supreme Court to protect and defend the Fundamental Rights of the people. An aggrieved individual can directly go to Supreme Court or High Courts for the enforcement of the Fundamental Rights. The Supreme Court or High Courts have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights.