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Option 2 : Right to Constitutional Remedies
- Article 32 provides the right to Constitutional remedies which means that a person has the right to move to Supreme Court (and high courts also) for getting his fundamental rights protected.
- While Supreme Court has the power to issue writs under article 32, High Courts have been given the same powers under article 226.
- Further, the power to issue writs can also be extended to any other courts (including local courts) by Parliament via making a law for local limits of the jurisdiction of such courts.
- It is called the “soul of the constitution and very heart of it” by Dr. Ambedkar.
- Supreme Court has included it in basic structure doctrine.
- Further, it is made clear that right to move to Supreme Court cannot be suspended except otherwise provided by the Constitution. This implies that this right suspended during a national emergency under article 352.
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