Right to Constitutional Remedies (Article 32)

Part III of the Constitution provides the Right to Constitutional Remedies to the citizens.

Fundamental Rights

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