Features of the Constitutional Remedies

  • Right to move Supreme Court: The Right to Constitutional Remedies grants the right to move the Supreme Court for the enforcement of fundamental rights.
  • Wide Interpretation: The Supreme Court has interpreted the provision widely, allowing citizens to approach the court not just for violations of fundamental rights, but also for violations of other constitutional provisions, such as the right to life.
  • Writs: The Supreme Court has the power to issue various writs, including habeas corpus, mandamus, prohibition, and certiorari, to protect the rights of citizens and enforce the rule of law.
  • Remedial Measures: The Supreme Court can take various remedial measures, including granting monetary compensation, ordering investigations, and directing the authorities to take corrective action.

What is Right To Constitutional Remedies?

The Right to Constitutional Remedies is a fundamental right guaranteed under Article 32 of the Indian Constitution. This right empowers citizens to seek justice and protection of their rights through the Indian courts. It is considered to be an important aspect of the Indian constitutional framework and is considered to be one of the most powerful legal remedies available to citizens. It gives citizens the right to approach the Supreme Court or High Court directly, in the event of a violation of their fundamental rights, and seek remedy in the form of writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Similar Reads

Types of Constitutional Remedies

There are five main types of constitutional remedies available to citizens under the Right to Constitutional Remedies:...

Historical and Legal Basis of Constitutional Remedies

The Right to Constitutional Remedies has its roots in the British legal system and was introduced in India through the Indian Constitution. The right was inspired by the concept of “Access to Justice”, which is considered to be an essential component of a democratic society. The right is considered to be one of the most powerful legal remedies available to citizens and is considered to be an essential aspect of the Indian constitutional framework....

Objectives of the Constitutional Remedies

Protection of Fundamental Rights: The Right to Constitutional Remedies serves as a safeguard for the protection of the fundamental rights of citizens, which include rights such as freedom of speech and expression, equality before the law, and protection against discrimination and arbitrary arrest. Access to Justice: The provision provides legal recourse for citizens who feel that their fundamental rights have been violated, ensuring access to justice for all. Ensure Rule of Law: The Right to Constitutional Remedies ensures that the rule of law prevails in the country and that no person’s rights can be violated with impunity....

Features of the Constitutional Remedies

Right to move Supreme Court: The Right to Constitutional Remedies grants the right to move the Supreme Court for the enforcement of fundamental rights. Wide Interpretation: The Supreme Court has interpreted the provision widely, allowing citizens to approach the court not just for violations of fundamental rights, but also for violations of other constitutional provisions, such as the right to life. Writs: The Supreme Court has the power to issue various writs, including habeas corpus, mandamus, prohibition, and certiorari, to protect the rights of citizens and enforce the rule of law. Remedial Measures: The Supreme Court can take various remedial measures, including granting monetary compensation, ordering investigations, and directing the authorities to take corrective action....

Importance of the Right to Constitutional Remedies

The Right to Constitutional Remedies is an important aspect of the Indian constitutional framework as it empowers citizens to seek justice and protection of their rights. It provides citizens with an effective and impartial justice system and allows them to seek remedy in the event of a violation of their rights. The right also serves as a check on the abuse of power by the state and other public authorities and helps to ensure that the rights of citizens are protected and upheld....

Essential Articles Related to Constitutional Remedies

The Right to Constitutional Remedies is enshrined in Article 32 of the Indian Constitution, which states:...

FAQs on the Right to Constitutional Remedies

Q1. What is the Right to Constitutional Remedies?...

Contact Us