Unit-IV Social Action: Instruments and Enforcement4.1 Fundamental Righ...
Unit-IV Social Action: Instruments and Enforcement
4.1 Fundamental Rights with Special Reference to Constitutional Remedies
- Fundamental Rights are enshrined in Part III of the Indian Constitution, ensuring individual freedoms and protecting citizens from state action.
- Constitutional remedies are provided under Article 32, allowing individuals to approach the Supreme Court for enforcement of these rights.
- The High Courts also provide remedies under Article 226, enabling writ petitions for the enforcement of Fundamental Rights.
4.2 Public Interest Litigation and Social Action Litigation
- Public Interest Litigation (PIL):
- A legal mechanism that allows individuals or groups to file petitions in court for the protection of public interest.
- It helps marginalized groups and addresses issues like environmental concerns, human rights violations, and social justice.
- Social Action Litigation (SAL):
- Similar to PIL but focuses more on socio-economic and welfare issues.
- Encourages courts to initiate action on matters affecting society, often without a direct complainant.
4.3 Right to Information: Meaning and Procedure
- Right to Information (RTI):
- An act enacted in 2005, empowering citizens to request information from public authorities to promote transparency and accountability.
- Procedure:
- Citizens can file an RTI application, either online or offline, specifying the details of the information sought.
- The public authority is obliged to respond within 30 days.
- Appeals can be filed if the information is denied or not provided satisfactorily, ensuring the right is upheld.
This framework of social action, through constitutional remedies, PIL, SAL, and the RTI, empowers citizens to seek justice and promotes active participation in governance.