Fundamental Right to Constitutional Remedies

The correct answer to the question is option 'D' - Right to Constitutional Remedies. This fundamental right allows citizens to move the court if they believe that any of their fundamental rights have been violated by the state. It is considered one of the most important fundamental rights as it ensures that citizens can seek legal redressal for any infringement of their rights.

Explanation:

1. Fundamental Rights:
- Fundamental Rights are a set of basic rights and freedoms that are guaranteed to all citizens of India.
- These rights are enshrined in Part III of the Indian Constitution and are considered essential for the overall development and well-being of individuals.
- Fundamental Rights are justiciable, which means that citizens can approach the courts if they believe that their rights have been violated.

2. Right to Constitutional Remedies:
- The Right to Constitutional Remedies is provided under Article 32 and Article 226 of the Indian Constitution.
- Article 32 grants the right to move the Supreme Court of India for the enforcement of fundamental rights.
- Article 226 grants the power to the High Courts to issue writs for the enforcement of fundamental rights as well as for any other purpose.

3. Significance of Right to Constitutional Remedies:
- The Right to Constitutional Remedies acts as a safeguard to protect the fundamental rights of citizens.
- It ensures that individuals have a legal recourse if their rights are violated by the state or any other authority.
- This right empowers citizens to approach the courts for seeking justice and protection against any infringement of their rights.
- It provides a mechanism for citizens to hold the government accountable for any violation of their fundamental rights.

4. Writs:
- The right to constitutional remedies is often exercised through the issuance of writs by the courts.
- Writs are legal orders issued by the courts to enforce or protect the fundamental rights of individuals.
- The five types of writs available under the right to constitutional remedies are:
- Habeas Corpus: This writ is used to protect individuals from illegal detention or imprisonment.
- Mandamus: This writ is used to direct a public official or authority to perform a certain duty that they are obligated to perform.
- Prohibition: This writ is used to prevent an inferior court or tribunal from exceeding its jurisdiction or usurping a power that it does not possess.
- Certiorari: This writ is used to quash the order of an inferior court or tribunal on the grounds of error of law.
- Quo Warranto: This writ is used to inquire into the legality of the claim of a person to a public office.

Conclusion:

The Right to Constitutional Remedies is a fundamental right that allows citizens to move the court if they believe that any of their fundamental rights have been violated by the state. It ensures that individuals have a legal recourse to seek justice and protection against any infringement of their rights. The right to constitutional remedies is significant in upholding the rule of law and holding the government accountable for any violation of fundamental rights.

This right is the hart and soul of our constitution....this protects all other fundamental right so, if any of our fundamental rights are violated we can directly move to the court