Right To Constitutional Remedies


 
 
Concept Explanation
 

Right To Constitutional Remedies

There is a right in India which states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. This right comes under article 32 for Supreme court an article 226 for the high court. It is known as the right to constitutional remedies. In this right, the Supreme court, as well as high court, is given the power to instill the fundamental rights. Furthermore, the power can be issued by local courts also to extend the rights. Although, there is one act which comes under the military law known as the court-martial which is exempted from this right.

Dr. B. R. Ambedkar said that article 32 is the soul of the constitution and it is at the very heart of it. Also, the Supreme court has included this in its basic structure doctrine. Furthermore, this right states that the right to move to the highest court cannot be rejected by any court expect provided by the constitution of India.

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Sample Questions
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Question : 1

Who among the following has been given the power to enforce fundamental rights by the Constitution ?

Right Option : D
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Explanation
Question : 2

Which of the following are correct :

(a) Right to Constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights.

(b) The courts can issue various kinds of writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari.

Right Option : C
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Explanation
Question : 3

Which of the following are correct :

(a) When a national or state emergency is declared, writs is suspended by the central government.

(b) The courts can issue various kinds of writs.

(c) In article 32 of the Indian Constitution, writs are mentioned.

Right Option : D
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Explanation
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