The Right to Constitutional Remedies is a fundamental right guaranteed under Article 32 of the Indian Constitution. This right empowers citizens to move the Supreme Court of India to seek enforcement of their fundamental rights. Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race, color, caste, religion, birthplace, or gender. There are pre-defined punishments in case of violation of these rights upon the discretion of the judiciary.
The right to constitutional remedies encompasses diverse elements, including the jurisdiction of a court to hear a claim, the existence of a cause of action, and the availability of judicial relief. The remedy clause, which appears in the constitutions of forty states, usually takes one of two basic forms, but courts have interpreted and applied the clause differently.
In summary, the right to constitutional remedies is a fundamental right that empowers citizens to seek enforcement of their fundamental rights through the Supreme Court of India. It encompasses diverse elements, including the jurisdiction of a court to hear a claim, the existence of a cause of action, and the availability of judicial relief.
