Answer :

In my view, the right to constitutional remedies is the most important right in our constitution. The provision of this right gives citizens the right to approach a High Court or the Supreme Court to get the any of the fundamental rights restored in case of their violation and for insurance of writs. The Supreme Court and High Court can issue directives and orders to the government or the enforcement of rights. The courts can issue various special orders which are known as writs. There writs re Habeas corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.


Habeas corpus – The court can order the arrested person to be presented before it under this writ. It can also order the release of a person arrested on unlawful grounds.


Mandamus – This writ is issued by courts when a particular official does not perform the assigned legal duty and violates upon the rights of the individual.


Prohibition – This writ is issued by a higher court when a case is beyond the jurisdiction of the lower court.


Quo Warranto – This writ is issued by the court when it finds an individual holding an office which in not entitled to him.


Certiorari – The court can order the transfer of pending matter from a lower court or another authority to the higher court.


Right to constitutional remedies provides a legal solution within the constitutional framework; it provides a check on state power. It is the most important of all rights as it safeguards the other fundamental rights. It provides a realisation and defence for them. It is the means through which practice of rights and insurance against violation is achieved. This is why this right is considered the most important right of all. Dr. Ambedkar considered the right to constitutional Remedies as ‘heart and soul’ of the constitution.


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