Ubi Jus Ibi Remedium

Ubi jus ibi remedium is a foundational principle of the Indian legal system, deeply embedded in constitutional jurisprudence. The principle ensures that the law does not merely recognize rights in abstract but provides effective mechanisms for their enforcement. If a legal right is violated, the injured party must have access to a remedy.

In India, this principle finds its strongest expression in Articles 32 and 226 of the Constitution, which guarantee the right to move the Supreme Court and High Courts respectively for enforcement of fundamental rights. The Supreme Court has described Article 32 as the 'heart and soul' of the Constitution precisely because it gives teeth to fundamental rights through remedies like writs of habeas corpus, mandamus, certiorari, prohibition, and quo warranto.

Indian courts have expanded remedies creatively to address violations. Public Interest Litigation (PIL), compensatory jurisprudence for violation of Article 21, and the issuance of continuing mandamus are all judicial innovations rooted in this principle. The courts have held that where a statute creates a right but provides no remedy, the common law remedy of damages is available.