Which
of the Fundamental Rights is in your opinion the most important
right? Summarise its provisions and give arguments to show why it is
most important.
Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.
The
right to constitutional remedies is the most important right. The
provisions of this right include the right to move the courts for
issuance of writs. The Supreme Court and High Courts can issue
directives to the government for the implementation of rights. The
special orders issued by courts for enforcement of rights are as
follows:
Habeas
Corpus−The court can order the arrested person to be presented
before it under the writ of Habeas Corpus. It can also order the
release of a person arrested on unlawful grounds.
Mandamus−This
writ is issued by courts when a particular official does not perform
the assigned legal duty and violates upon the rights of the
individual.
Prohibition−This
writ is issued by a higher court when a case is beyond the
jurisdiction of lower court.
Quo
Warranto−This writ is issued by the court when it finds an
individual holding the office, which is not entitled to him.
Certiorari−The
court orders the transfer of a pending matter from a lower court or
another authority to the higher court.
The
Right to Constitutional Remedies provides a legal solution within the
framework of the constitution, to the violation of fundamental rights
and provides a check on state power. This is the most important right
as it safeguards the other fundamental rights. It ensures the
realisation of other rights as well as providing a defence for them.
According to Dr. Ambedkar, this right is the ‘Heart and Soul of
the Constitution’.
The right to constitutional remedies is the most important right. The provisions of this right include the right to move the courts for issuance of writs. The Supreme Court and High Courts can issue directives to the government for the implementation of rights. The special orders issued by courts for enforcement of rights are as follows:
Habeas Corpus−The court can order the arrested person to be presented before it under the writ of Habeas Corpus. It can also order the release of a person arrested on unlawful grounds.
Mandamus−This writ is issued by courts when a particular official does not perform the assigned legal duty and violates upon the rights of the individual.
Prohibition−This writ is issued by a higher court when a case is beyond the jurisdiction of lower court.
Quo Warranto−This writ is issued by the court when it finds an individual holding the office, which is not entitled to him.
Certiorari−The court orders the transfer of a pending matter from a lower court or another authority to the higher court.
The Right to Constitutional Remedies provides a legal solution within the framework of the constitution, to the violation of fundamental rights and provides a check on state power. This is the most important right as it safeguards the other fundamental rights. It ensures the realisation of other rights as well as providing a defence for them. According to Dr. Ambedkar, this right is the ‘Heart and Soul of the Constitution’.
