Fundamental Rights in India are guaranteed by it througha)The Right to...
The correct answer is option 'C', which states that fundamental rights in India are guaranteed through the Right to Constitutional Remedies. Let's understand why this is the correct answer.
The Right to Constitutional Remedies is one of the fundamental rights guaranteed under Part III (Articles 12-35) of the Indian Constitution. It is considered the most important of all fundamental rights as it ensures the enforcement of other fundamental rights.
Here are the key points explaining why the Right to Constitutional Remedies guarantees fundamental rights in India:
1. Significance of the Right to Constitutional Remedies:
- The Right to Constitutional Remedies empowers individuals to seek legal remedies if their fundamental rights are violated.
- It provides a mechanism to enforce and protect all other fundamental rights.
2. Article 32 - The Cornerstone of the Right to Constitutional Remedies:
- Article 32 of the Indian Constitution grants the right to individuals to move the Supreme Court directly for the enforcement of their fundamental rights.
- This provision enables citizens to directly approach the highest court if their rights are infringed upon, without going through the lengthy process of approaching lower courts.
3. Writs as Remedies:
- The Right to Constitutional Remedies allows individuals to seek certain writs as remedies against violations of their fundamental rights.
- Writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto can be filed in the Supreme Court or High Courts to safeguard fundamental rights.
- These writs are powerful tools to ensure speedy justice and prevent any arbitrary actions by the government or its authorities.
4. Judicial Review:
- The Right to Constitutional Remedies also enables judicial review of laws and actions that violate fundamental rights.
- It empowers the judiciary to strike down any legislation or executive action that is inconsistent with the provisions of the Constitution.
- Judicial review acts as a check on the powers of the legislature and executive, ensuring the protection of fundamental rights.
In conclusion, while the Right to Constitutional Remedies is not the only fundamental right guaranteed by the Indian Constitution, it is indeed the cornerstone of all other fundamental rights. It ensures the enforceability and protection of these rights by providing individuals with legal remedies, access to higher courts, and the power of judicial review.
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