Q. 124.6( 5 Votes )

How does right to Constitutional remedies connects to the idea of judicial review?

Answer :

The judicial system of our country works partially independent from the other branches such as legislative and executive. It is because to assure the independence of the judiciary so that the decisions taken will not be unjust. We approach the court for Justice but if the Rights violated is part of our Fundamental rights mentioned in the constitution then we can go directly to the Supreme Court or High court. This makes easy for the person to seek the remedy. This is the reason Dr Ambedkar called this ‘Right to Constitutional remedies’

The judicial system is the final reviewer of the constitution so if any law passed by the Parliament is considered to be violating the principles of the constitution or disrupting the way constitution works than judiciary has the power remove or reject that particular law. This condition is termed a Judicial review.

The right to Constitutional remedies connects to the idea of judicial review because if the Judiciary thinks that the laws passed are violating the basic structure of the constitution then they have the power to change or alter it, which means changes made will be in accordance with the People’s needs and any person could approach the high court or supreme court to get access to justice, making it easier for them to get constitutional remedies.

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