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Right to constitutional remedies in India. (UPSC CSE Mains 2020 - Political Science and International Relations, Paper 1)
Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’. The Indian Supreme Court possesses unique and extensive powers for that. It issues five different types of writs to enforce citizens’ fundamental rights. The five types of writs are:
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
Since Article 32 is a Fundamental Right in and of itself, the lack of an alternative solution is not a bar to the Supreme Court hearing an appeal for the protection of a Fundamental Right under Article 32. When the Court determines that the petitioner''s Fundamental Right has been violated, it is not just its right but indeed its obligation to give compensation to the petitioner, and the petitioner may not need to prove that he has no other adequate recourse or that he has tried his legal remedies but has not received sufficient redress. When an individual establishes that his Fundamental Right has been violated, the Court has no choice but to deliver an effective writ in his favour.
POSTED ON 11-08-2023 BY ADMIN
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