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Political Science · Ch 2 — Rights in the Indian Constitution

Right to Constitutional Remedies

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Right to Constitutional Remedies

Article 32 gives every citizen the Right to Constitutional Remedies -- the right

to move the Supreme Court directly whenever any of the other Fundamental Rights is violated (Article

226 gives a parallel, and even wider, power to the High Courts). Dr B.R. Ambedkar famously called

Article 32 "the heart and soul" of the Constitution, because without a real, enforceable remedy, the

other Fundamental Rights would be nothing more than promises on paper -- exactly what happened, for

fifty-four years, in Machal Lalung's case.

Portrait of Constituent Assembly member Sardar Hukam Singh, who spoke on the safety of minorities lying in a secular State and on placing oneself in the position of minorities
Portrait of Constituent Assembly member Sardar Hukam Singh, who spoke on the safety of minorities lying in a secular State and on placing oneself in the position of minorities

Drawn by us to help you understand the concept clearly, and verified to make sure it's accurate. For exams, practice from your NCERT textbook's own diagram.

Portrait of Constituent Assembly member Sardar Hukam Singh, who spoke on the safety of minorities lying in a secular State and on placing oneself in the position of minorities Own-illustrated for this platform from the real NCERT page's own facts (composition, labels, and content are recreated; the specific artistic rendering of any real p …

To enforce these rights, the Supreme Court and High Courts can issue five kinds of writs: habeas

corpus (produce the detained person before the court and justify the detention), mandamus (direct a

public official to perform a duty they are refusing to perform), prohibition (stop a lower court from

exceeding its jurisdiction), quo warranto (question the legal authority of a person to hold a public

office), and certiorari (transfer a case from a lower court or quash an order passed without proper

authority). From the 1980s onward, the Supreme Court also expanded access to these remedies through …