Constitutional Remedy

kon-sti-TOO-shun-ul REM-uh-dee From Latin 'constitutio' (establishment, ordinance) + 'remedium' (cure, healing); refers to judicially enforceable mechanisms for rights protection

Definition

The legal mechanisms provided under the Constitution, particularly Articles 32 and 226, enabling citizens to approach courts for enforcement and protection of their fundamental rights against State violation.

Detailed Explanation

Constitutional remedies are the teeth of the fundamental rights provisions. Without enforceable remedies, rights would remain mere declarations. The Indian Constitution provides robust mechanisms for enforcement, making it unique among constitutions worldwide.

Article 32 - Supreme Court Remedy:

Dr. B.R. Ambedkar called Article 32 "the very soul of the Constitution and the very heart of it." Key features: - Fundamental right itself (Right to Constitutional Remedies) - Supreme Court has original jurisdiction to issue writs - Cannot be suspended except during Emergency (and even then, Articles 20-21 remain) - Parliament cannot restrict this right - Declared part of basic structure

Article 226 - High Court Remedy:

High Courts have wider powers than the Supreme Court under Article 226: - Can issue writs for enforcement of Fundamental Rights AND any other legal right - Territorial jurisdiction within the High Court's jurisdiction - Can refuse on grounds of alternative remedy (discretionary) - More accessible to citizens than Supreme Court

Types of Writs Available:

1. Habeas Corpus: Against illegal detention 2. Mandamus: To compel performance of public duty 3. Certiorari: To quash illegal orders 4. Prohibition: To prevent excess of jurisdiction 5. Quo Warranto: To challenge holding of public office

Other Constitutional Remedies:

- Article 136: Special Leave Petition to Supreme Court - Article 227: Superintendence by High Courts over subordinate courts - Article 300A: Right to property (no deprivation except by authority of law) - PIL (Public Interest Litigation): Relaxed locus standi for public causes

The Constitution also provides for compensation as a remedy for violation of fundamental rights (Rudul Sah principle).

Essential Elements

1 Article 32 - direct access to Supreme Court for fundamental rights enforcement
2 Article 226 - High Court can issue writs for fundamental and legal rights
3 Five types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
4 Article 32 is itself a fundamental right
5 Constitutional remedy jurisdiction is part of basic structure
6 Compensatory jurisprudence for rights violations
7 Public Interest Litigation expands access to remedies

Leading Cases

Romesh Thappar v. State of Madras

1950

AIR 1950 SC 124

Relevance: Article 32 described as cornerstone of democratic edifice

Rudul Sah v. State of Bihar

1983

(1983) 4 SCC 141

Relevance: Established compensatory jurisprudence - monetary relief for rights violation

L. Chandra Kumar v. Union of India

1997

(1997) 3 SCC 261

Relevance: Writ jurisdiction under Articles 32 and 226 is basic structure

S.P. Gupta v. Union of India

1981

(1981) Supp SCC 87

Relevance: Expanded locus standi for PIL through Article 32

Daryao v. State of U.P.

1961

AIR 1961 SC 1457

Relevance: Res judicata applies to writ petitions under Article 32

Fertilizer Corporation Kamgar Union v. Union of India

1981

(1981) 1 SCC 568

Relevance: Liberal interpretation of locus standi for public interest matters

Usage Example

"The petitioner invoked the constitutional remedy under Article 32 to challenge the arbitrary revocation of his license as violative of Article 14 and 19(1)(g)."

Synonyms

right to constitutional remedies enforcement of fundamental rights writ jurisdiction Article 32 remedy

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