Citizens of India enjoy the right to move to a court of law in case of the violation of any of the Fundamental Rights.
Right to Constitutional Remedies
The right to constitutional remedy was created as one of the main fundamental rights, because the constitution recognized the need to protect the rights of the citizens. In case of any one of the fundamental rights being deprived or denied to the resident of the country, the individual or the party has the right to present their case in a court. In this case, the court has the flexibility to assign writs to the public in the form of habeas corpus, mandamus, prohibition, quo warranto and certiorari. In the case of a national emergency, the government has the flexibility to append the right of the citizen. According to Article 32, Indian citizens can stand up and fight for their fundamental rights if they are breached.
The Writs
- A writ of Habeas corpus requires that a person under arrest should be brought before a judge or court. The underlying principle behind the writ of Habeas Corpus is that a prisoner should be released from unlawful detention. It originated from the English Legal system and has been adopted in many nations since. Another form of the writ known as the Great Writ is also a complex order submitted to the court, which demands the custodian or the keeper of the prisoner to provide sufficient proof or documents in support of his or her authority of keeping the prisoner.
- The Writ of Mandamus is another important jurisdictional remedy in which an order is passed on from a superior institution to a supplementary, subordinate court or authority that prohibits the court or government official from performing a certain act under the nature of statutory obligation. This is basically issued in the form of command to either take a particular form of action or refrain from doing it, and is backed with legal rights and reasoning.
- Prohibition is writ issued by the high court or the Supreme Court to the local courts to prevent them from proceeding with a case which does not fall under its jurisdiction.
- Certiorari is a writ issued to lower courts, when these courts have gone beyong the scope of their jurisdictions.
- Quo Warranto writ is issued to a person who has been wrongly appointed in the office of authority. This obligates the accused of presenting whatever evidence he or she has to the court to support the reasons for occupying a particular post.
Article 32 Components
The Article in the Indian Constitution states that the Supreme Court or can accept writs from citizens or organizations if any of the fundamental rights have been denied to them. Along with exercising writs, the Supreme Court can also give other lower courts or even take away the responsibility of jurisdiction for certain cases.
Different Mechanisms for Protecting Rights
- The national commission for minorities is a flexible, autonomous body created by the Government of India that helps in monitoring the lower classes, castes and minorities. This commission works for the betterment and of these minority groups. The Commission looks into the complaints lodged by minorities and go ahead with plans that safeguard their rights and privileges of being an independent Indian Citizen.
- The National Commission for Women has been functioning since 1992 and works for the protection of women rights in cases such as dowry, exploitation, prostitution, and protects them from becoming victims of religious disputes and unfair job opportunities. The commission regularly holds campaigns and activities that safeguard the lives of women in the country.
- National Commission for Scheduled Tribes protects the interests of schedule tribes. The government will monitor and safeguard the rights of the Scheduled tribes and offer opportunities in the processes of socio-economic development, in terms of employment and also in terms of gaining medical and educational relie.
