Home > Indian Constitution MCQ > Which Article of the Indian Constitution provides the legal remedy for the protection of Fundamental Rights?
Which Article of the Indian Constitution provides the legal remedy for the protection of Fundamental Rights?
A
An individual can move the Supreme Court to issue a writ against the violating authority
B
The Supreme Court will act on its own in case of such violations
C
The executive branch will notify the courts of any violations
D
Fundamental Rights are automatically protected and require no legal intervention
Correct Answer:
A
An individual can move the Supreme Court to issue a writ against the violating authority
- It is the prerogative right of citizens to reach out before the Supreme Court of India for violation of their Fundamental Rights, as per Article 32 of the Constitution of India.
- This provision serves as a constitutional remedy, establishing the enforcement of rights rather than their mere recognition.
- The Supreme Court has the authority to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
- These writs require government bodies or officers to acknowledge and restore any violated rights.
- B. R. Ambedkar called Article 32 the “heart and soul” of the Constitution as it entrusts citizens with a direct power.
- This mechanism ensures the judicial safeguard and upholding of the rule of law in a democratic system.