Question

Explain what is meant by the ‘Right to Constitutional Remedies’?

Answer 1

1. Rights guaranteed by the constitution are useless if there are no special provisions to guarantee them.

2. The Fundamental Rights in the constitution are enforceable. We have the right to seek the enforcement of these rights by moving to the High Courts or the Supreme Court. This is called the Right to Constitutional Remedies which is provided by Article 32 of the constitution.

3. This itself is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government.

4. When any of the rights are violated we can seek remedy through a court. If it is a Fundamental Right we can directly approach the Supreme Court or the High Court of a state.

5. Dr. Ambedkar called the Right to Constitutional Remedies (Article 32) the ‘heart and soul’ of our constitution. There can be no law or action that violates the Fundamental Rights. Such a law can be declared null and void by the Supreme Court.