History & Civics

With reference to the Right to Constitutional Remedies, answer the following question:

(a) How has this right been given legal sanction?

(b) Why is this right important?

(c) Explain how writs issued by courts enforce this right.

Constitution

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Answer

(a) Article 32 of the Indian constitution gives the Right to Constitutional Remedies. This right is given to citizens to move the Supreme Court or the High Courts for the enforcement of other Fundamental Rights conferred on them. Also, the Supreme Court and the High Courts are empowered to issue writs providing legal remedies to individuals in case their Fundamental Rights are violated.

(b) This Right is important because it ensures the protection of other rights provided by the constitution. According to Dr. Ambedkar, it is the heart and soul of the constitution. It is not just a right but a remedy.

(c) The writs make the Right to Constitutional Remedies the most important and also make it an effective tool for their enforcement. This is because a writ is a formal written order issued by the Supreme Court and the High Courts to provide legal remedies to individuals who do not obtain adequate protection under ordinary laws.

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