FUNDAMENTAL RIGHT
The fundamental
rights in INDIAN CONSTITUTION acts as a guarantee that all Indian citizens can
and will live their lives in peace as long as they live in Indian democracy.
The fundamental rights are enshrined in part 3 of the Constitution from
articles 12 to 35. In this regard, the framers of the constitution derived
inspiration from the constitution of USA (i.e. Bill of Right).
Originally, the
Right to Property was also included in the fundamental rights, however, the 44th
constitutional amendment act, 1978, revised the status of property rights by
stating that “no person shall be deprived of his property saved by authority of
law”.
Part 3 of the
constitution is rightly described as the Magna Carta of India. It contains a
very long and comprehensive list of justiciable fundamental rights.
6) Right To Constitutional remedies : ( article 32 )
Article 32 of the constitutional of the India is very
important. Right to constitutional remedies authorizes the citizens to move a
court of law in case of any denial of the fundamental right. The court can
issue various kinds of writs such as habeas corpus, mandamus, prohibition,
quo-warranto and certiorari. These writs help preserving and safeguarding the
fundamental rights of the citizens of India.
Writs: types and scope
The Supreme Court and High Courts can issue the writs of habeas corpus,
mandamus, prohibition, certiorari and quo- warranto.
a)
Habeas corpus; it literally means to
have the body of. It is an order issued by the court to a person who has
detained another person, to produce the body of the arrested person free, if
the detention is found to be illegal. Thus, this writ is a bulwark of
individual liberty against arbitrary detention.
b)
Mandamus; it literally means we
command. It is a command issued by the court to a public official asking him to
perform his official duties that he has failed or refused to perform. It can
also be issued against any public body, a corporation, an inferior court, a
tribunal or government for the same purpose.
c)
Prohibition; it literally means to
forbid. The writ or prohibition can issued only against judicial and
quasi-judicial authorities. It is not available against administrative
authorities, legislative bodies and private individuals or bodies.
d)
Certiorari; it literally means to be
more fully informed of. It is issued by higher court to a lower court or
tribunal either to transfer a case pending with the latter to itself or to
squash the order or the latter in a case.
e)
Quo warranto; it literally means by
what authority or warrant. By issuing this writ the court may prevent a person
from acting in a public office to which he is not entitled. It is in the nature
of an injunction. It is issued to a person who acts in a capacity to which he
is not entitled.
Article 33 empowers the parliament to modify the rights, coferred by
part 3 of the constitution in their application to armed forces. Thus, there
are limits on the enjoyment of fundamental rights by the forces employed for
the defence of the country and maintenance of law and order. The fundamental
rights are restricted for them So as to ensure the proper discharge of their
duties and the maintenance of discipline among them.
Article 34 imposes restriction on
the enjoyment of fundamental rights. When martial law is in operation in any
area, the parliament may by law indemnify any person in the service of the union of a state or any other person
in respect of any action done by him in connection with the maintenance or
restoration of order in that area. Article 35 is concerning legislation to give
effect to the provisions of this part of the constitution.
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