Right to Constitutional Remedies comes from:

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JKSSB SI Official Paper (Held On: 07 Dec 2022 Shift 2)
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  1. Natural rights
  2. Fundamental rights
  3. Provisional rights
  4. None of these

Answer (Detailed Solution Below)

Option 2 : Fundamental rights
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The correct answer is Fundamental rights.

Key Points

  • Right to Constitutional Remedies is one of the six fundamental rights enshrined in the Indian Constitution.
  • It empowers citizens to approach the Supreme Court or High Courts to seek enforcement of other fundamental rights.
  • Article 32 of the Indian Constitution specifically deals with the Right to Constitutional Remedies.
  • Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul" of the Indian Constitution.

Additional Information

  • Fundamental Rights:
    • These are the basic human rights guaranteed by the Indian Constitution to all citizens.
    • They include rights such as the right to equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
  • Article 32:
    • It provides the right to individuals to move the Supreme Court to seek justice when they feel that their rights are 'unduly deprived'.
    • This article also empowers the Parliament to authorize any other court to issue directions, orders, or writs of all kinds.
  • Writs:
    • These are formal written orders issued by a body with administrative or judicial jurisdiction.
    • In India, the Supreme Court and High Courts have the authority to issue writs for enforcing fundamental rights.
    • The types of writs are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
  • Dr. B.R. Ambedkar:
    • He was the principal architect of the Indian Constitution.
    • He emphasized the importance of the Right to Constitutional Remedies as a means to protect the fundamental rights of citizens.
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