QUE: What are the constitutional remedies for the enforcement of fundamental rights in India? Discuss.
The Indian Constitution provides several remedies for the enforcement of fundamental rights. These remedies are to ensure that an individual can get due justice in case of violation of his fundamental rights. The following constitutional remedies are available in India:
Article 32: Article 32 of the Indian Constitution gives the right to individuals to approach the Supreme Court of India directly for the enforcement of their fundamental rights. Which is a fundamental right.
- Writs: Writs are judicial orders issued by the Supreme Court (Article 32) or a High Court (Article 226) to public authorities, individuals or institutions to protect fundamental rights. Here are five types of writs:
- Habeas Corpus: It is used to ensure the release of a person from illegal detention.
Mandamus: To compel public authorities to perform their duties. - Prohibition: To prevent excessive or illegal exercise of jurisdiction.
- Certiorari: To review the decisions of lower courts/tribunals.
- Quo Warranto: To challenge the legality of a person holding public office.
- Public Interest Litigation (PIL):
- PIL is a unique mechanism introduced by the Indian judiciary that allows any person or organization to file a petition in court on behalf of people whose fundamental rights they cannot approach the court against.
- Judicial Review:
- The power of judicial review allows the courts to review the constitutionality of laws, administrative matters or government policies. So that they do not violate fundamental rights. Judicial review acts as an important safeguard for fundamental rights in India.
- Apart from this, remedies for the enforcement of fundamental rights are also frequently found in the judgments of the Supreme Court, such as the right to privacy in Puttaswamy vs Union of India case (2017), the establishment of the principle of fundamental structure in Kesavananda Bharathi v State of Kerala (1973), which protects fundamental rights and Maharashtra Chess Association v. Union of India is also important.
It is important to note here that the remedies mentioned above are primarily applicable to violations of fundamental rights and not to other legal rights. They play a crucial role in ensuring the protection and enforcement of fundamental rights in India and contribute significantly to upholding the constitutional principles of justice, equality and the rule of law.
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