Skip to main content

Constitutional Remedies to Protect Fundamental Rights

 Constitutional remedies to protect fundamental rights

The right to get constitutional remedies to give citizens the right to appear in Supreme Court and High Court to get the fundamental rights restored in case they are violated In the constitution of India article 12 to 35 states the fundamental rights of people of India. There are  four articles in the Indian constitution which protects the fundamental rights of people. They are as follows-

Article 13: This Article provides for the Judicial review. Articles 13 states that the laws whether pre- constitutional or post- constitutional, if against the fundamental rights they will be treated as invalid. 

Article 359: The Article 359 provides that fundamental rights can not be denied to the citizens of India except in any emergency ( National Emergency, State Emergency, and Financial Emergency). 

Article 32 & 226:  Provides for the writs. Article 32 deals with the constitution remedies and provides the right to move to the Supreme Court. Article 226 provides for the right to move to the High Court in violation of any fundamental rights. Article 32 is itself a fundamental right. Article 32 & Article 226 provides for five types of Writs to protect the fundamental rights given under the constitution ( Article  12 to 35). They are as follows-

  • Habeas Corpus – It is a Latin phrase, it means ‘ to have to body’. If a person is illegally detained then the relatives of the person can file a writ petition before the Supreme Court or the High Court to release the person. When a writ of habeas corpus Is fired before the court, the court questions though authority on what grounds the person is detained. If the grounds are found unreasonable then the detention is ends.

  • Mandamus- It is a Latin term. It means ‘ we command'. By the Writ of Mandamus every public institutions can be commanded to follow their Public Duty. To file a writ of Mandamus the public duty should be there.

  • Prohibition- The writ of Prohibition means ‘To Forbids. Prohibition is used until the lower court has announced its judgement. The writ of Prohibition stops a Court to give judgement, when the court don’t have jurisdiction to decide any case.

  • Certiorari- It is also a Latin term. The writ of Certiorari is almost similar to the writ of Prohibition. The word Certiorari means ‘to be certified’ . After filing the writ of Certiorari the Supreme Court and High Court can order the lower courts to submit their decision so that the High Court and the Supreme Court can review the judgement to see whether there is lack of Jurisdiction, or excess of Jurisdiction, or unconstitutional Jurisdiction or if there is any violation of natural justice. If any of such things happen the judgement will be quashed.

  • Quo- warranto- The writ of Quo- Warranto means ‘ by what authority’. In this writ the courts can question any public officer that by what authority the public officer is holding the office. And if the title of the officer proved defective then he have to vacate the public office. 
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more