Importance of Right to Constitutional Remedies
Importance of Constitutional Remedies
Mere codification of fundamental rights in the constitution is not enough unless remedies for the enforcement of those rights conferred by the constitution are also guaranteed by the constitution itself. In other words, rights to constitutional remedies are also important.
Article 32: This article provides for important remedies for enforcement of fundamental rights. This article confers the right to move either to the Supreme Court or under Article 226 to the High Court for any infringement of any of the fundamental rights.
As remedial measure the Supreme Court shall have the power under Article 32 to issue directions or Writs in the nature of Habeas Corpus, Mandamas, Prohibition, Quo-warranto and Certiorari, whichever may be appropriate, for the enforcement of any of the rights stipulated in the chapter on fundamental rights.
Supreme Court has been empowered to issue the Writ known as Habeas Corpus, demanding the presence of the imprisoned person before the court to obtain knowledge of the reason why he has been imprisoned and to set him free if there is no lawful justification for his imprisonment.
This Supreme Court and the High courts can also issue the Writ of Mandamas, giving directives to an individual, or an institution, or a subordinate court or the government requiring fulfillment of its responsibilities.
The Writ of Prohibition is issued by the Supreme Court or High Court to a subordinate court forbidding to continue proceedings in excess of its jurisdiction or to usurp a jurisdiction with which it is not legally vested with.
The object of the writ of Certiorari is also to secure that the jurisdiction of subordinate court is exercised properly and it does not usurp its jurisdiction. While Prohibition is available at an earlier stage, Certiorari is available on similar grounds at a later stage.
By the Writ of Quo-warranto the Court enquires into the legality of the claim asserted to a public office and to take action if the claim is not found justified.
Varieties of rights come up for enforcement by the issue of Writs under Article 32:
Fundamental rights guaranteed by the constitution;
Constitutional rights not having the status of fundamental rights;
Statutory rights;
Rights which flow from subordinate legislations;
Rights based on case law;
Customary rights;
Contractual rights.
It may be pointed out here that no redress in possible for the violation of social and economic rights contained in the directive Principles, for, those rights are non-justiciable.
