Right to Consitutional Remedies


 
 
Concept Explanation
 

Right to Consitutional Remedies

Right to Constitutional Remedies: The Fundamental Rights in the Constitution are important because they are enforceable. We have a right to seek the enforcement of these mentioned rights. This is called the Right to Constitutional Remedies. This right makes other rights effective. When any of the Fundamental Rights are violated, then citizens can directly approach the Supreme Court or the High Court. Both courts have the power to writs (Habeas corpus, Mandamus, prohibition, Quo warranto and Certiorari) for the enforcement of the rights. That’s why Dr Ambedkar called the Right to Constitutional Remedies ‘the heart and soul’ of our Constitution.

Right to Property: The Constitution originally provided for the Right to Property under Articles 19 and 31. But the 44th Amendment Act of 1978 abolished this right from the list of Fundamental Rights. The Amendment made it a legal right under Article 300-A in the Constitution. This right states that no person shall be deprived of his property.

Right to Education: Under Article 21-A, India joined a group of few countries in the world to make education a Fundamental Right of every child. It came into force on 1st April, 2010. The Article 21-A says that state shall provide free and compulsory education to all children of the age of six to fourteen years. Thus, this provision makes elementary education a Fundamental Right.

Sample Questions
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Question : 1

On whom does the Constitution confer special responsibility for the enforcement of Fundamental Rights?

Right Option : B
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Explanation
 
 


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