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If our Fundamental Rights are violated, where can we seek the remedy?
- a)Supreme Court or High Courts
- b)Parliament
- c)Election Commission
- d)Council of Ministers
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
If our Fundamental Rights are violated, where can we seek the remedy?a...
When our fundamental rights are violated then we can directly approach the Supreme court of India through right to constitutional remedies.In case of any one of the fundamental rights being denied or deprived to the citizen of the country, the individual or the party has the right to present their case in a court.
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If our Fundamental Rights are violated, where can we seek the remedy?a...
Understanding Remedies for Violation of Fundamental Rights
When it comes to seeking remedies for violations of Fundamental Rights in India, the correct course of action is to approach the judiciary, specifically the Supreme Court or the High Courts.
Judicial Remedies
- Supreme Court:
- The Supreme Court of India is the apex judicial authority and has the power to enforce Fundamental Rights under Article 32 of the Constitution.
- It can issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to protect individual rights.
- High Courts:
- High Courts also possess the jurisdiction to enforce Fundamental Rights under Article 226 of the Constitution.
- They can provide similar writ remedies and handle cases where rights are infringed upon within their territorial jurisdiction.
Other Options Explained
- Parliament:
- While Parliament creates laws and can amend the Constitution, it does not serve as a direct remedy for individual rights violations.
- Legislative action can be slow and may not address immediate grievances.
- Election Commission:
- The Election Commission is responsible for overseeing free and fair elections in India.
- It does not have the authority to address violations of Fundamental Rights directly.
- Council of Ministers:
- The Council of Ministers is the executive body responsible for governance and policy-making.
- It does not serve as a venue for seeking redress for Fundamental Rights violations.
Conclusion
Thus, the most appropriate and effective recourse for individuals facing violations of their Fundamental Rights is to approach the Supreme Court or the High Courts, ensuring timely and judicial intervention to uphold their constitutional rights.
When it comes to seeking remedies for violations of Fundamental Rights in India, the correct course of action is to approach the judiciary, specifically the Supreme Court or the High Courts.
Judicial Remedies
- Supreme Court:
- The Supreme Court of India is the apex judicial authority and has the power to enforce Fundamental Rights under Article 32 of the Constitution.
- It can issue writs such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari to protect individual rights.
- High Courts:
- High Courts also possess the jurisdiction to enforce Fundamental Rights under Article 226 of the Constitution.
- They can provide similar writ remedies and handle cases where rights are infringed upon within their territorial jurisdiction.
Other Options Explained
- Parliament:
- While Parliament creates laws and can amend the Constitution, it does not serve as a direct remedy for individual rights violations.
- Legislative action can be slow and may not address immediate grievances.
- Election Commission:
- The Election Commission is responsible for overseeing free and fair elections in India.
- It does not have the authority to address violations of Fundamental Rights directly.
- Council of Ministers:
- The Council of Ministers is the executive body responsible for governance and policy-making.
- It does not serve as a venue for seeking redress for Fundamental Rights violations.
Conclusion
Thus, the most appropriate and effective recourse for individuals facing violations of their Fundamental Rights is to approach the Supreme Court or the High Courts, ensuring timely and judicial intervention to uphold their constitutional rights.
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