Case study on right to constitutional remedies in india
From: Marvin L.
Category: island essay
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The Right to Constitutional Remedies becomes an indispensable part of our Fundamental Rights as it assures the actual dispensation of justice, on the curtailment of our basic rights. It gives an insight into the five types of writs, which may be granted by the Courts under Articles 32 and of the Constitution of India. This jurisdiction may be exercised by the Supreme Court under Article 32 of the Constitution and by the High Court under Articles and of the Constitution. The fundamental rights were incorporated in the constitution, not merely to provide security and equality to the citizens but also equality of justice and fair play. Abstract declaration of these paramount important rights is meaningless unless there is effective machinery for the enforcement of the rights.
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Right to constitutional Remedies( writs)
Constitutional philosophy of Writs: A detailed analysis
Title of the topic basically talks about two main and important factors of Indian constitution of India i. Partition of the country, communal riots and the problem concerning the Merger of princely states including Kashmir. Thus, the Constitution-makers thought to Equip the Central Government with the necessary authority, so that, in the hour of emergency, When the security and stability of the country is threatened by internal and external threats. Therefore, some emergency provisions were made in Constitution to safeguard and protect the security, integrity and stability of the country and effective functioning of State Governments.
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Right To Constitutional Remedies in Indian Constitution: Overview and Limitations
It felt no such compunction in the case of Varavara Rao and countless others. When the law becomes a weapon of oppression rather than an equalising force, democracy is in danger. Ambedkar wanted a specific guarantee of fundamental rights expressly incorporated in the constitution so that it could be easily enforced. He drafted Article 25, which later became the current Article Ambedkar said :.
New Delhi: Human rights have generally been chartered out for protection of human life and liberty, to preserve the dignity of people, promote brotherhood and maintain equality etc. Our very own Indian Constitution endorses the same rights for all citizens of the country. Every citizen of India has been granted six fundamental rights to live his life with full dignity and earn respect in society irrespective of caste, creed, colour, religion or sex. The fundamental rights are namely - right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and finally, the right to constitutional remedies.
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