Right to Constitutional Remedies
The Fundamental Rights outlined in our Constitution are indeed impressive, but their mere enumeration isn’t sufficient. There needs to be a mechanism for realizing and safeguarding these rights against any infringements.
The right to constitutional remedies serves as the cornerstone for achieving this objective. Dr. Ambedkar famously described it as the ‘heart and soul of the constitution’ because it empowers citizens to approach the High Courts or the Supreme Court to restore any violated fundamental rights. These courts have the authority to issue various special orders, known as writs, for the enforcement of rights.
- Habeas Corpus: This writ mandates that an arrested person be presented before the court, and can also lead to their release if the arrest is found to be unlawful.
- Mandamus: Issued when a public official fails to perform their legal duties, infringing upon an individual’s rights.
- Prohibition: Granted by a higher court to prevent a lower court from exceeding its jurisdiction.
- Quo Warranto: Used when a person holds office without entitlement, restraining them from acting in that capacity.
- Certiorari: Orders a lower court or authority to transfer a matter to a higher court for review.
Beyond the judiciary, additional mechanisms have been established over the years to protect rights. This includes institutions like the National Commission on Minorities, National Commission on Women, and National Commission on Scheduled Castes, which safeguard the rights of marginalized groups. Furthermore, the National Human Rights Commission is tasked with protecting various rights, including fundamental rights, through legislative means.
Class 11 School Polity Chapter 2: Right to Constitutional Remedies
In a democratic society, fundamental rights are the cornerstone of ensuring justice, equality, and liberty for all citizens. However, merely enshrining these rights in the constitution is insufficient without adequate mechanisms to uphold and enforce them.
The Right to Constitutional Remedies stands as a pivotal means through which individuals can safeguard their fundamental rights and seek redressal in case of infringement. Let’s delve deeper into this crucial aspect of our legal framework.
Contact Us