what does the right to constitutional remedies provide for?
Answers
Explanation:
Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
In other words, the right to get the Fundamental Rights protected is in itself a fundamental right. This makes the fundamental rights real
The Supreme Court has ruled that Article 32 is a basic feature of the Constitution
As per Article 32:-
The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed
The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights
Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on
Suspension of Right to Constitutional Remedies:- The Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Article 359)
or
Article 32 of the Indian Constitution provides for the constitutional remedies against the violation of fundamental rights. The fundamental rights are the important role of an individual people.
In article 32 Supreme Court shall have the power to issue direction or order or writs including the writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto & Certiorari, which ever may be appropriate for the enforcement of any of the rights conferred by fundamental rights.
Supreme Court are the protector of the Constitution and due to this they guarantor the fundamental rights because rights to constitutional remedies itself a fundamental rights. Besides the Supreme Court or High Court also have been given a role in the protection of fundamental rights. Under Article 226 of the Constitution, High Court also can issue writs for the enforcement of fundamental rights.
Supreme Court can issue writs only in the case of infringement of a fundamental rights of the constitution & High Court can issue writs against infringement of fundamental rights as well as against the contravention of ordinary law of redress grievances arising therefore.
Under Article 32 (Supreme Court) & Article 226 (High Court) issuing five kinds of writs:-
Habeas Corpus: meaning “you may have the body ”. This writ is issued to produce a person who has been detained, whether in prison or in private custody before a court and to release him if such detention is found illegal.
Mandamus: meaning “command” it’s an order from the Supreme Court or High Court to a lower court, government, corporation, any public authority has to do a public duty but fails to do so.
Certiorari: meaning “to be certified”. The writ of certiorari can be issued by the Supreme Court or High Court for quashing the order already passed by an inferior court, tribunal, or quasi judicial authorities.
Prohibition: meaning “to stop” or it’s probably known as “stay order”. The writ of prohibition is issued by the Supreme Court or High Court to any inferior court or quasi judicial body prohibiting the latter from continuing the proceeding in a particular case where it has no jurisdiction to try.
Quo Warranto: meaning “what is your authority”. The writ requires the concerned person to explain to the court by what authority he holds the office, if a person has usurped a public office, the court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo warranto if a person holds an office beyond his retirement age.
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