2.9. Right to Constitutional Remedies

One would agree that our Constitution contains a very impressive list of Fundamental Rights. But merely writing down a list of rights is not enough. There has to be a way through which they could be realised in practice and defended against any attack on these rights.

The right to constitutional remedies is crucial because it provides a mechanism for individuals to enforce their Fundamental Rights. Just having rights outlined in the Constitution is not sufficient; there must be procedures in place to protect those rights when they are violated. This means that if an individual's rights are threatened or violated by the government or any other entity, they have the right to seek help from the courts.

Think of it like having a warranty for a product you purchase. Just having the warranty doesn't help unless you know how to use it to get service when your product fails. Similarly, individuals need a way to bring their cases to court if their rights under the Constitution are not upheld.

Dr. Ambedkar considered the right to constitutional remedies as ‘heart and soul of the constitution’. It is so because this right gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation.

Dr. B.R. Ambedkar, the architect of the Indian Constitution, emphasized the significance of the right to constitutional remedies by calling it the 'heart and soul' of the Constitution. This right enables citizens to approach higher courts (like the High Court or Supreme Court) if their Fundamental Rights are violated. It's vital in ensuring that the rights promised to citizens are not merely theoretical but are enforceable in practice.

Imagine a student who has a right to education but is denied it by an unjust teacher. The right to constitutional remedies would allow that student to go to a higher authority, such as the principal, to seek justice and ensure their right to education is upheld.

The Supreme Court and the High Courts can issue various special orders known as writs.

• Habeas corpus: A writ that orders an arrested person to be brought before the court, and it can also free a person if the arrest was unlawful.
• Mandamus: This writ is issued when a public authority is failing to perform its duty.
• Prohibition: This writ stops a lower court from taking a case beyond its jurisdiction.
• Quo Warranto: It questions the authority of someone holding a public office.
• Certiorari: Under this writ, a higher court can order a lower court to transfer a case to it.

The judiciary can issue writs to protect citizens' rights and ensure justice. Each type of writ serves a different purpose: 'habeas corpus' ensures that no one is held unlawfully, 'mandamus' compels authorities to perform their duties, 'prohibition' prevents misuse of power by lower courts, 'quo warranto' checks the authority of office holders, and 'certiorari' is used to review and correct the lower court proceedings.

Think of writs as different tools in a toolkit, each designed for specific repairs. Just as a toolbox contains a wrench for tightening, a hammer for pounding, and a screwdriver for turning, courts use different writs to address specific legal issues and ensure that citizens' rights are enforced in a fair manner.

Apart from the judiciary, many other mechanisms have been created in later years for the protection of rights. You may have heard about the National Commission on Minorities, the National Commission on Women, the National Commission on Scheduled Castes, etc. These institutions protect the rights of women, minorities or Dalits.

In addition to the court system, India has established several commissions that specifically focus on protecting the rights of marginalized groups, such as minorities and women. These bodies work to investigate complaints of rights violations and recommend actions to address these issues, thereby playing a vital role in the enforcement of rights beyond just legal institutions.

Think of these commissions like specialized first aid units in a hospital. While the main hospital (the judiciary) treats all kinds of patients, these specialized units focus on specific groups that might need additional care or attention due to their unique challenges.

The National Human Rights Commission (NHRC) is composed of a former chief justice of the Supreme Court of India, a former judge of the Supreme Court, a former chief justice of a High Court and two other members who have knowledge and practical experience in matters relating to human rights.

The NHRC is an essential institution tasked with safeguarding human rights within the country. Its members are highly qualified individuals who bring a wealth of legal and practical experience to the commission. The NHRC investigates complaints of human rights violations and monitors the enforcement of rights across India, emphasizing the importance of protection beyond the courts.

You can think of the NHRC as a watchdog for human rights, similar to how a lifeguard monitors the swimming pool. Just as a lifeguard ensures safety and responds to distress, the NHRC works to identify and rectify human rights violations in society.

The real test of the rights given by any constitution is in their actual implementation. The poor, illiterate and the deprived sections of the society must be able to exercise their rights.

Merely having rights in the Constitution does not guarantee that all citizens can exercise those rights effectively, especially the most vulnerable groups in society. The implementation of rights is crucial because it ensures that everyone, regardless of their education or economic status, can claim and defend their rights within the legal system.

Consider a school with a perfect set of rules for students. If only a few students understand and can use those rules, while others remain unaware or unequipped to advocate for themselves, then those rules are not truly functional. Implementation means making sure everyone knows their rights and has the capacity to use them.

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