Significance of Right to Constitutional Remedies of Indian Constitution in Redressing Violation of Fundamental Rights

Abstract

Fundamental rights are significant for the overall development of the citizens of a country. It enables citizens to develop their best selves and personality. Indian Constitution entrusts its citizens with certain rights and has given it a formal form by enumerating rights under Chapter III (Articles 12 to 35) entitled ‘Fundamental rights’. The Constitution has expanded the meaning of these Fundamental Rights by making them subject to justiciability. Expressly, in case of violation of Fundamental Rights, the aggrieved person can move to court. By adding Article 32 (Right to Constitutional Remedies) under Part III of the Constitution, the Drafting Committee has made Fundamental Rights justiciable. Article 32 is essential to the meaning of Fundamental Rights. The Constitution under Articles 32 and 226 has designated the Supreme Court and High Court as the protector and guarantor of the Fundamental Rights. The Right to Constitutional Remedies empowers aggrieved citizens to move to court in case of infringement of their Fundamental Rights. The significance of the Right to Constitutional Remedies has been reflected in Dr. BR Ambedkar’s view who regarded the Right to Constitutional Remedies as the “Heart and Soul of the Indian Constitution”. Due to its significance, this right has been made part of the basic structure of the Constitution. This research article tries to study the background and provision of the Constitutional Remedies as incorporated in the Indian Constitution. The paper will analyze the significance of the Right to Constitutional Remedies in redressing the violation of Fundamental Rights.