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RIGHT TO CONSTITUTIONAL REMEDIES

CONSTITUTION OF INDIA

There is a power or right to a citizen of India to move to the supreme court under ARTICLE 32 and the high court under ARTICLE 226,  if any fundamental right is void, and this fundamental right knows as the right to constitutional remedies.

It works as a guarantor of the fundamental rights of the citizen of India.

One of the former leaders and the writer of the Indian Constitution Dr. BR Ambedkar said that article 32 is used as a sole of the Indian constitution, also the supreme court stated that this in it is a basic structure Doctrine and this right stated that right to move to the highest court cannot be rejected by any court except provided by the constitution of India.

Thus these fundamental rights have been suspended at the time of emergency under article 359 of the Indian constitution. under article 32 supreme court act as a guarantor and defender of fundamental rights.

The supreme court has the power to issue a writ.

The writ is issued in the name of the King, the State, or President issued from the court of justice, so this is sealed by seal and addressed to an officer directly to a person who is commanded action by a court. Thus this article does not provide any legal or constitutional remedies because for this another law is mentioned in the Constitution of India.https://www.freepressjournal.in/analysis/the-direct-and-vexing-path-to-the-supreme-court

As that above mentioned the high court issued a write under article 226 for the enforcement of fundamental rights as well as the right of other matters, and the supreme court can issue a warant it under article 32 for enforcement which is done through fundamental rights, so we can say the high court has a wider jurisdiction as compared to the supreme court based on jurisdiction. as well as in other jurisdiction matters the supreme court is superior in all the other matters.

See also  Case Brief |Mohori Bibee v Dharmodas Ghose

https://thelegallock.com/harpal-singh-v-state-of-himachal-pradesh-case-brief

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