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Consider the following statements with reference to the Right to Constitutional Remedies:
- Under this right, the Supreme Court can issue writs for the enforcement of ordinary legal rights.
- Right to Constitutional Remedies is a basic feature of the Constitution.
- The right cannot be suspended even during a national emergency.
Which of the statements given above is/are correct?
- a)2 only
- b)1 and 2 only
- c)2 and 3 only
- d)None
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements with reference to the Right to Const...
- Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution. It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
- Dr Ambedkar called Article 32 as the most important article of the Constitution—‘an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it’. The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution. Hence, statement 2 is correct.
- It states that the Supreme Court “shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”.
- Therefore, only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on. The violation of a fundamental right is the sine qua non for the exercise of the right conferred by Article 32. Hence, statement 1 is not correct.
- In other words, the Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights. Article 32 cannot be invoked simply to determine the constitutionality of an executive order or legislation unless it directly infringes any of the fundamental rights.
- Article 32 also states that the right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”. Thus the Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Article 359). Hence, statement 3 is not correct.
Most Upvoted Answer
Consider the following statements with reference to the Right to Const...
Statement 1: Under this right, the Supreme Court can issue writs for the enforcement of ordinary legal rights.
Explanation: The Right to Constitutional Remedies is provided under Article 32 of the Indian Constitution. This right empowers the Supreme Court to issue writs for the enforcement of fundamental rights and other legal rights. The writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs are legal remedies that can be sought by individuals to protect their rights. Therefore, statement 1 is correct.
Statement 2: Right to Constitutional Remedies is a basic feature of the Constitution.
Explanation: The Right to Constitutional Remedies is considered to be a basic feature of the Indian Constitution. It is essential for the protection and enforcement of all other fundamental rights. Without this right, the fundamental rights would be meaningless as there would be no effective mechanism to seek redressal for their violation. The Supreme Court has held that the Right to Constitutional Remedies is a basic and integral part of the Constitution and cannot be taken away or abrogated. Therefore, statement 2 is correct.
Statement 3: The right cannot be suspended even during a national emergency.
Explanation: The Indian Constitution provides for the suspension of certain fundamental rights during a national emergency. However, the Right to Constitutional Remedies is an exception to this suspension. Even during a national emergency, when fundamental rights can be suspended, the Right to Constitutional Remedies remains enforceable. This is to ensure that individuals can still seek legal remedies and approach the courts for the protection of their rights. Therefore, statement 3 is correct.
Conclusion: All three statements are correct. The Right to Constitutional Remedies allows the Supreme Court to issue writs for the enforcement of legal rights, it is a basic feature of the Constitution, and it cannot be suspended even during a national emergency.
Explanation: The Right to Constitutional Remedies is provided under Article 32 of the Indian Constitution. This right empowers the Supreme Court to issue writs for the enforcement of fundamental rights and other legal rights. The writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs are legal remedies that can be sought by individuals to protect their rights. Therefore, statement 1 is correct.
Statement 2: Right to Constitutional Remedies is a basic feature of the Constitution.
Explanation: The Right to Constitutional Remedies is considered to be a basic feature of the Indian Constitution. It is essential for the protection and enforcement of all other fundamental rights. Without this right, the fundamental rights would be meaningless as there would be no effective mechanism to seek redressal for their violation. The Supreme Court has held that the Right to Constitutional Remedies is a basic and integral part of the Constitution and cannot be taken away or abrogated. Therefore, statement 2 is correct.
Statement 3: The right cannot be suspended even during a national emergency.
Explanation: The Indian Constitution provides for the suspension of certain fundamental rights during a national emergency. However, the Right to Constitutional Remedies is an exception to this suspension. Even during a national emergency, when fundamental rights can be suspended, the Right to Constitutional Remedies remains enforceable. This is to ensure that individuals can still seek legal remedies and approach the courts for the protection of their rights. Therefore, statement 3 is correct.
Conclusion: All three statements are correct. The Right to Constitutional Remedies allows the Supreme Court to issue writs for the enforcement of legal rights, it is a basic feature of the Constitution, and it cannot be suspended even during a national emergency.
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Consider the following statements with reference to the Right to Constitutional Remedies: Under this right, the Supreme Court can issue writs for the enforcement of ordinary legal rights. Right to Constitutional Remedies is a basic feature of the Constitution. The right cannot be suspended even during a national emergency.Which of the statements given above is/are correct?a)2 onlyb)1 and 2 onlyc)2 and 3 onlyd)NoneCorrect answer is option 'A'. Can you explain this answer?
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