Question

Re-read the list of Fundamental Rights. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?

Answer 1

Right to Constitutional Remedy

• It means citizens have the right to move courts to issue orders, writs or directions to enforce the rights of citizens, if their fundamental rights are being violated.
• Right to Constitutional Remedy was considered as the heart and soul of the constitution by Dr B.R.Ambedkar.
• Various special orders can be issued by the Courts such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari.
• Certiorari means the court can issue orders to lower courts or other authorities to transfer a pending case to higher authority or court.
• Court can issue a Quo Warranto if it finds that a person is holding a position of authority although the person does not have the right to do so.
• A writ issued by the Supreme Court or Higher Court when a lower court thinks that case is beyond its jurisdiction.

Judicial Review

• One of the most important powers of the Supreme Court is the Judicial Review.
• As Judiciary is considered to be the final authority to interpret the constitution, it has the power to strike down laws made by the Parliament if it is concluded that those laws would violate the basic structure of the Indian Constitution. This is known as Judicial Review.
• If any law is considered to be not consistent with the provisions given by the Constitution, then the Supreme Court or High Court has the power to check the constitutionality of the laws that are made by the Governments.
• The power of Judicial review is assigned by the fact that the Supreme Court can nullify the law that has been made by Governments, if it violates the fundamental rights of the citizens.

Hence we can say that the idea of Judicial Review connects with the idea of Right to Constitutional Remedies.