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What are the main provisions of constitutional remedies available to Indian citizens under the Indian Constitution? Select the correct answer using the following codes : (a) The citizens can move the courts for enforcement of their Fundamental Rights. (b) The Supreme Court can issue necessary writs for enforcement of these rights. (c) The Parliament can suspend the right to constitutional remedies by two-thirds majority, which must also be the majority of its total membership. (d) The parliament can empower the courts, other than the Supreme Court, to exercise powers for enforcement of these rights without adversely affecting the powers of the Supreme Court. 

What are the main provisions of constitutional remedies available to Indian citizens under the Indian Constitution? Select the correct answer using the following codes : (a) The citizens can move the courts for enforcement of their Fundamental Rights. (b) The Supreme Court can issue necessary writs for enforcement of these rights. (c) The Parliament can suspend the right to constitutional remedies by two-thirds majority, which must also be the majority of its total membership. (d) The parliament can empower the courts, other than the Supreme Court, to exercise powers for enforcement of these rights without adversely affecting the powers of the Supreme Court.  Correct Answer (a), (b), (d)

The correct answer (a), (b), (d)

Key Points

  • The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
  • The Fundamental Rights: The Constitution of India provides for six Fundamental Rights:
    • Right to equality (Articles 14–18)
    • Right to freedom (Articles 19–22)
    • Right against exploitation (Articles 23–24)
    • Right to freedom of religion (Articles 25–28)
    • Cultural and educational rights (Articles 29–30)
    • Right to constitutional remedies (Article 32)
  • Article 32 is considered the most important article of the Constitution as it provides that the right to get Fundamental Rights protected is itself a fundamental right.
  • It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
  • The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
  • It contains the following four provisions
    • The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights. Hence a is correct.
    • The Supreme Court shall have the power to issue directions or orders or writs for the enforcement of any of the fundamental rights. Hence b is correct.
    • Parliament can empower any other court to issue directions, orders, and writs of all kinds. Hence d is correct.
      • Any other court here does not include high courts because (Article 226) has already conferred these powers on the high courts.
    • The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.
      • In the case of a national emergency, the right can be suspended by the President (Article 359). Hence c is incorrect. (not parliament)

Related Questions

Which of the following distinction(s) is/are not correct between public issue and rights issue? (A) In public issue, applications for shares are invited from the general public and in rights issue, the shares are offered to existing shareholders. (B) In public issue there is no question of any over-subscription and in rights issue the shares may be under subscribed or over subscribed leading to prorata allotment. (C) The price of public issue is generally less than the market price and in rights issue, the price is deliberately made less than the market price. (D) In a public issue, the communication of the issue is through prospectus or advertisements and in a rights issue the communication is between the company and the existing members of the company. Choose the most appropriate answer from the options given below:
Study the following statements and pick up the correct code:
Statement I: The power of High Court to issue writs under Article 226 is wider than the power of Supreme Court under Article 32.
Statement II: The Supreme Court has the power to issue writs only for violation of fundamental rights whereas the power of High Court under Article 226 can be invoked for the enforcement of fundamental rights as well as legal rights.
Consider the following statements regarding “Writs”: 1. The Supreme Court and the high courts can issue the writs. 2. Parliament can also empower any court to issue writs. Which of the statements given above is/are correct?
Consider the following statements:
1. The powers of High Courts under Article 226 of the Constitution of India are wider than those of Supreme Court under Article 32 of the Constitution of India.
2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights.
3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights.
Which of the statements given above are correct?
The Indian Constitution empowers the Supreme Court to issue writs for the enforcement of any of the Fundamental Rights conferred by the Part III of the Indian Constitution under Article 32. Match the writs (List I) with their meaning (List II): List I (Writ)  List II (Meaning) A. Habeas Corpus I. We command B. Mandamus II. You may have the body C. Certiorari III. What is your authority D. Quo Warranto IV. To be certified  Select the code for the correct answer from the options given below:
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
Which of the following statement is correct? The supreme court can issue writs in matters related to the fundamental rights. The High court can issue writs in matters related to the fundamental rights as well as for other reasons.
Which of the following statements are not true about the process of Constitutional Amendment in India?
1. The Parliament can amend the Constitution with a special majority.
2. State Assemblies can propose amendment in the Constitution.
3. A Bill for Constitutional Amendment can be introduced only in the Lower House of the Parliament.
4. Deadlock between the two Houses of Parliament over a Bill for Constitutional Amendment can be removed by a joint session of the Parliament.
5. The President of India enjoys the veto power over Constitutional Amendment Bills passed by the Parliament.
Select the correct answer:
The constitution of India has made which of the following provisions to safeguard and ensure the independence and impartial functioning of the Supreme court? 1. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court cannot be changed to their disadvantage after their appointment even during a financial emergency. 2. The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. 3. The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. 4. The judges of the Supreme Court are provided with the Security of Tenure. Select the correct answer using the correct code given below:
In which judgment it is stated that "there can be no doubt that personal liberty is a precious right. That is why, while conferring extensive powers on the Government like the power to declare an emergency, the power to suspend the enforcement of fundamental rights or the power to issue ordinances, they assured to the people a Bill of Rights by Part III of the Constitution, protecting against executive and legislative despotism those human rights which they regarded as fundamental