Right to Constitutional remedies

The Right to Constitutional Remedies is a right that is enshrined in the Constitution of India. This right allows citizens to approach the courts if they feel that their fundamental rights have been violated. The aim of this right is to ensure that the government does not violate the rights of its citizens and that citizens have a way to hold the government accountable. In this article, we will discuss the Right to Constitutional Remedies in more detail and explore its importance for Indian citizens.

What is the meaning of the Right to constitutional remedies?

Right to constitutional remedies means the legal methods used to protect or enforce individual rights guaranteed by the constitution. The aim of the Right to constitutional remedies is to ensure that the state does not violate the fundamental rights of its citizens and to provide a means by which aggrieved individuals can seek redress.

Constitutional Provision for Right to Constitutional Remedies

The Right to constitutional remedies is enshrined in Article 32 and Article 226 of the Indian Constitution. It is a fundamental right which means that it cannot be taken away by any law passed by the parliament. Article 32 of the Indian constitution is considered the heart of the Indian constitution. This article gives the right to an individual to move to the Supreme Court in case of any breach of fundamental rights. 

The Right to constitutional remedies is not only a fundamental right but it is also a human right. It gives an individual the right to approach the court for the protection of his fundamental rights. However, the Supreme Court in several cases held that in case of infringement the party should first move to the High Court under Article 226 of the Indian Constitution.

Article 226 of the constitution gives the power to the High Court to issue writs for protecting the fundamental rights of the individuals. The Right to Constitutional remedies is an important right as it helps to protect the fundamental rights of an individual. It is a powerful tool that can be used by an individual to fight for his rights.

What are writs?

Writs are the order issued by the court to a person or an authority to perform certain acts. The court also uses writs for judicial review. Article 32 talks about different types of writs which include habeas corpus, prohibition , mandamus, prohibition, and other writs as mentioned below:

Habeas Corpus:  This writ is used to bring a person who is illegally detained before the court. The objective of this writ is to ensure that the person is not wrongfully detained and to protect the personal liberty of an individual.

Mandamus:  This writ is issued by the court when a public authority fails to perform its duty. The objective of this writ is to compel the public authority to perform its duty.

Prohibition:  This writ is issued by the court when a subordinate court or tribunal is exceeding its jurisdiction. The objective of this writ is to prevent the subordinate court or tribunal from exceeding its jurisdiction.

Certiorari:  This writ is issued by the court when a subordinate court or tribunal has made an error of law. The objective of this writ is to remove the case from the subordinate court or tribunal and to have it heard by a higher court.

Quo-Warranto:  This writ is used to challenge a person who is holding a public office illegally. The objective of this writ is to ensure that only those persons who are qualified to hold a public office are actually holding the office.

The aim of the Right to Constitutional Remedies is to ensure that individual fundamental rights are not violated by anyone including state and other public authorities.

Landmark Cases

In the case of S.P Gupta v. Union of India: The court opined that writ cannot be issued against the President of India to fix the number of judges and vacancies in the High Court.

Surya Dev Rai v. Ram Chandar Rai and ors.:  The Supreme Court explained the scope of writs and said the ambit of certiorari can only be used against inferior courts and not above or equal level of courts.

Romesh Thapar v. the State of Madras (1950): The Supreme Court held that Article 32 is to provide protection to an individual in case of infringement of fundamental rights. The court acts as the protector and guarantor for fundamental rights. Therefore, we cannot reject the application for seeking protection under Article 32.

Conclusion

In conclusion, The right to constitutional remedies is a very important right as it protects the fundamental rights of an individual from being violated. Generally, the writs are issued against the state or when PILs are filed under Articles 32 and 226 of the constitution.

it is important for students to know their rights and remedies under the Constitution.