Right to constitutional remedies is a very special rights what is ...
**Right to Constitutional Remedies: A Special Right**
The right to constitutional remedies refers to the right of individuals to approach the courts for the enforcement of their fundamental rights as guaranteed by the Constitution. It is considered a very special right due to several reasons.
**1. Ensures Protection of Fundamental Rights:** The right to constitutional remedies acts as a safeguard for protecting and enforcing fundamental rights. It ensures that individuals have a legal recourse when their fundamental rights are violated by the state or any other entity.
**2. Access to Justice:** This right provides individuals with access to justice by enabling them to seek legal remedies. It ensures that justice is not just a theoretical concept but a practical reality for every citizen.
**3. Effective Mechanism to Challenge Unconstitutional Actions:** The right to constitutional remedies empowers individuals to challenge any law, action, or policy that violates their fundamental rights. It provides a legal mechanism to challenge the constitutionality of such actions and seek appropriate relief.
**4. Upholds the Rule of Law:** The right to constitutional remedies upholds the principle of the rule of law. It ensures that no one is above the law and that every individual, including the state, is bound by the Constitution. It helps maintain a balance between the powers of the government and the rights of the citizens.
**5. Provides Judicial Protection:** This right grants individuals the power to seek protection from the judiciary. It allows them to approach the courts for the enforcement of their rights and obtain appropriate remedies, such as compensation, injunctions, or orders for the restoration of rights.
**6. Prevents Arbitrary Actions:** The right to constitutional remedies acts as a deterrent against arbitrary actions by the state. It discourages the government from violating the fundamental rights of citizens by providing a legal avenue for individuals to challenge such actions.
**7. Ensures Social Justice:** This right plays a crucial role in ensuring social justice by allowing marginalized and disadvantaged sections of society to seek redressal for violations of their rights. It helps in addressing inequalities and promoting inclusivity in society.
In conclusion, the right to constitutional remedies is a special and significant right as it ensures the protection of fundamental rights, provides access to justice, challenges unconstitutional actions, upholds the rule of law, provides judicial protection, prevents arbitrary actions, and ensures social justice. It acts as a cornerstone of a democratic society, ensuring that individuals have a legal recourse when their rights are violated.
Right to constitutional remedies is a very special rights what is ...
Right to Constitutional Remedies is very special Right because it is through this Right that all other Fundamental Rights are safeguarded and arbitrary action of the state is checked.
This right makes other rights effective. It is possible that sometimes our rights may be . violated by fellow citizens, private bodies or by the government.
If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a State. The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. Most eminent of the. writs are—Habeas corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari. They award compensation for the violation for Fundamental Rights. Thus, without the Right to Constitutional Remedies, the other Fundamental Rights become meaningless.
To make sure you are not studying endlessly, EduRev has designed Class 9 study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in Class 9.