Right to Constitutional Remedies
The Right to Constitutional Remedies is an essential provision in the Indian Constitution, deemed by Dr. B.R. Ambedkar as the 'heart and soul of the constitution.' This right grants citizens the authority to approach the High Court or Supreme Court to restore their Fundamental Rights when violated. The judiciary plays a pivotal role in enforcing these rights through the issuance of various writs, such as:
- Habeas Corpus: Orders for the production of an arrested person to ensure their lawful detention.
- Mandamus: Directs a public official to perform their duty when they have neglected it.
- Prohibition: Prevents lower courts from exceeding their jurisdiction.
- Quo Warranto: Challenges the legality of a person holding a public office.
- Certiorari: Transfers a case from a lower court to a higher court.
Moreover, various national commissions, including the National Human Rights Commission, have been established for protecting rights and addressing violations. The effectiveness of the Right to Constitutional Remedies underscores the necessity of judicial mechanisms to ensure the practical realization of Fundamental Rights, particularly for vulnerable and marginalized groups in society.