What are constitutional remedies?Asked by: Mr. Vernon Kihn Sr. | Last update: August 18, 2022
Score: 4.5/5 (49 votes)
Constitutional remedies support the protection of fundamental rights and ensure that people whose fundamental rights have been violated can seek relief directly from the Supreme Court or different High Courts of India.
What are the five constitutional remedies?
- Habeas Corpus. ...
- Mandamus. ...
- Certiorari. ...
- Prohibition. ...
- The Writ of Quo-Warranto.
What are constitutional remedies in India?
The Right to Constitutional Remedies gives the citizens the right to approach the Supreme Court or the High Court to get any fundamental right restored in case they are violated. Thereafter the Supreme Court or High Court can issue an order or directives for the government regarding the enforcement of these rights.
What are constitutional remedies Class 11?
Part III of the Constitution provides for legal remedies for the protection of these rights against their violation by the State or other institutions/individuals. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights.
What is meant by right to constitutional remedies Class 9?
Class 9th. Answer : Right to Constitutional Remedies are those rights which enables the enforcement of the fundamental rights granted by the constitution. This right makes the other fundamental rights such as right to equality, right to freedom, right against exploitation etc., effective.
5 Types of Writs | Constitutional Remedies | Article 32 and Article 226
What is meant by right to constitutional remedies Brainly?
Explanation: it means a person has right to move to supreme court for getting his / her all the fundamental rights protected. Right to constitutional remedies is also known as 'Heart and soul of our constitution' .
What is the meaning of right to constitutional remedies Brainly?
Right to constitutional remedies means that a person has right to move to Supreme Court for getting his fundamental rights protected. If anyone is discriminating any person or taking his/her rights then he/she can go to the supreme court. Here Court play a very important role.
What is the importance of constitutional remedies?
The Right to Constitutional Remedies is considered to be the most important fundamental right because it ensures the protection of our fundamental rights. It helps the citizens in moving court in case of violation of their fundamental rights.
Who called the right to constitutional remedies?
Right to constitutional remedies has been described by Nehru as 'heart and soul of the constitution'. 2. Right to constitutional remedies offers a citizen the right to approach judiciary to get any of the fundamental rights restored in case of their violation.
What do you mean by term right to constitutional remedies explain different kinds of writs issued under Indian constitution?
Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights.
What is the right to constitutional remedies Class 8?
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.
What is right to constitutional remedies Upsc?
Right to Constitutional Remedies under Article 32 of the Indian Constitution is a basic right that provides that persons have the privilege to petition the Supreme Court (SC) for the implementation of other constitutionally protected fundamental rights.
What are the 5 writs and their meaning?
There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction.
What are the constitutional remedies under Article 32?
Article 32 offers the right for Constitutional remedies. It means that everyone has the right for moving to high courts and the Supreme Court to acquire the fundamental rights secured. It is well-recognized fact that the Supreme Court has the full power for issuing writs exactly under the article.
What does statutory remedy mean?
Statutory remedies may abrogate general law remedies entirely or in part, or may be alternative to general law remedies. In many cases, the relationship between the general law and statutory remedies is not clear.
What are the 7 fundamental rights of India?
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Freedom of Religion.
- Cultural and Educational Rights.
- Right to Constitutional Remedies.
When was right to constitutional remedies made?
Dr. B R Ambedkar stated during the Constituent Assembly debates in December 1948 that the rights conferred on the Supreme Court by this Article could not be taken away unless the Constitution was amended, and thus it was "one of the greatest safeguards that can be provided for the individual's safety and security."
What is the writ of certiorari?
Writs of Certiorari
The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
What do you mean by pil?
Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.
What are the constitutional remedies available for enforcement of fundamental rights?
For the enforcement of any of the rights conferred by this Part, the Supreme Court may issue instructions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, as applicable.
How many remedies are there in total?
Types of Remedies in Equity
There are three types of equitable remedies: specific performance, injunction, and restitution.
What are the limitations of right to constitutional remedies?
Limitations of Article 32
The right to constitutional remedies is denied when the President of India proclaims emergency. According to Article 352, the fundamental rights to the citizens remain suspended. Similarly, the Article 358 gives Parliament the authority to curtail the rights guaranteed by the Constitution.
What is the importance of right to constitutional remedies Brainly?
Answer: The Right to Constitutional Remedies is considered to be the most important fundamental right because it ensures the protection of our fundamental rights. It helps the citizens in moving court in case of violation of their fundamental rights.
What are fundamental rights name them?
The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies.
What do you mean by fundamental rights?
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process.