Part III of the Constitution provides the Right to Constitutional Remedies to the citizens.
The independence of many Asian and African nations did not result in the establishment of democracy and liberal institutions in all countries. The United Nations adopted the Universal Declaration of Human Rights on 10th December 1948 which stressed providing basic rights to humans. The Constitution of India incorporated the basic human rights from the French Revolution and the American Constitution. Fundamental rights are included in the Constitution of India in Part III, Articles 12−35.
Right to Constitutional Remedies
Article 32 gives rights to the citizens to move to the Supreme Court for the enforcement of fundamental rights conferred upon them. The Supreme Court or a High Court can issue writs. A writ is a formal written order issued by the Supreme Court and the High Courts to provide a legal remedy to the people who do not have protection under ordinary laws. Some important writs are
Habeas Corpus: According to this writ, the Supreme Court or a High Court can get any person released if he/she has been wrongfully detained by the police.
Mandamus: It is an order from a superior court to a lower court to perform a certain duty. Writ of Prohibition: When the lower court decides a case that is not in its jurisdiction, the higher court may ask it to stop proceedings.
Writ of Certiorari: This writ is issued by a superior court to a judicial authority desiring it to be informed of the current proceedings in a court.
Quo-warranto: The writ prevents public officers from forcibly or wrongly holding a high public office.
Right to Education: The right to education has been granted by the Constitution Act, 2002. The State has to provide free and compulsory education to all children between 6 and 14 years of age.
Limitations on the Fundamental Rights
Fundamental rights are not absolute keeping in mind the general welfare of the people. These are
- Fundamental rights could be suspended during an emergency. The rights of citizens are restored as soon as an emergency is over.
- The Parliament has the power to modify the application of fundamental rights to the members of the armed forces, police forces, or intelligence organizations so that they are able to ensure proper discharge of their duties and maintain discipline among them.
- Laws such as the Defence of India Act and the National Security Act curtail the use of fundamental rights to safeguard the interests of the nation.
- Fundamental rights can be suspended when an emergency is declared by the President under Article 352. During an emergency, the legislature can frame any laws. Citizens have no protection against the executive or legislative authorities.
- Also Read Fundamental Duties