Question

Which of the following statements are correct about constitutional remedies?
1. Right to constitutional remedies has been described by Nehru as ‘heart and soul of the constitution’.
2. Right to constitutional remedies offers a citizen the right to approach judiciary to get any of the fundamental rights restored in case of their violation.
3. The courts can issue writs to enforce fundamental rights.
Correct answer code is:

• A. Only 1 and 2
• B. Only 2
• C. Only 2 and 3
• D. Only 3

Answer 1

The correct option is C Only 2 and 3

Right to constitutional remedies Article 32 to 35 empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, any citizen can ask the court to see if it is according to the provisions of the law of the country by lodging a PIL. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. Dr. B. R. Ambedkar rightly declared Right to constitutional remedies as "the heart and soul" of Indian constitution. When a national or state emergency is declared, this right is suspended by the central government.