Who can exercise fundamental rights?

Who can exercise fundamental rights?

The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even …

Who do fundamental rights apply to?

There are Fundamental Rights available only to the ‘citizens of India’. Know them. The Fundamental Rights (FR) are named so because they are guaranteed and protected by the Indian Constitution (Article 12 to 35). These rights are ‘fundamental’ for the all-round development of individuals.

Do fundamental rights apply to everyone?

2. Only some of the Fundamental Rights are enjoyed by the foreigners and not all. For example, the Right to Equality before Law and Right to Freedom of Religion are enjoyed by the foreigners also, but most other Fundamental Right are exclusively for the Indian citizens only.

Who will protect the fundamental rights of the citizens?

The fundamental rights are protected by the judiciary of India and in case of their violation, a person can approach the Supreme court directly for justice as per Article 32 of the constitution.

How can we secure fundamental rights?

If our fundamental rights are violated or taken away by any individual or government, then we can file a case in court for remedy by article 32 of our constitution that is right to constitutional remedies.In this way we can safeguard our fundamental rights.

Can fundamental rights be enforced against private individuals?

Introduction. In India, generally the fundamental rights are enforceable against the state whereas in few cases can be enforceable against the private individuals. The powers that are vested in the state are so much that if state decides to misuse them then it can do so to a very great extent.

Is fundamental rights available against private individuals?

The Supreme Court of India has always stood on the opinion that fundamental right given under Indian constitution in case of violation can only be enforced against the public authorities and not private individuals.

Is fundamental rights are against private individuals?

In India, generally the fundamental rights are enforceable against the state whereas in few cases can be enforceable against the private individuals. However there are many fundamental rights that can be enforced against an individual but those are the exceptions.

How will you protect your fundamental rights in case of its violation?

In case of any violation of Fundamental Right the aggrieved person can approach the High Court or the Supreme Court for remedy. 2. Under this any citizen or group of citizens can approach the Supreme Court or the High Court for the protection of public interest against a particular law or action of the government.

How can we secure fundamental rights 9th?

Article 32 of the Constitution, i.e. Right to Constitutional remedy ensures that these rights are granted.

1. This is also a Fundamental right.
2. The importance of this right is that it makes other Fundamental Rights effective.
3. If any of the fundamental rights are violated by the state, the citizen could approach the courts.

Who is the final interpreter of our Constitution answer?

the Supreme Court
The final interpreter, protector & guardian of the Indian Constitution is the Supreme Court. It is the highest judicial forum and ultimate or final court of appeal under the Constitution of India.

Can government violate fundamental rights?

But then, the five Judge decision of the Supreme Court in 2002 in Rupa Ashok Hurrahas held that “it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III” of the Constitution and that “the …

Which fundamental rights are available only to citizens?

The following is the list of fundamental rights that are available only to citizens (and not to foreigners): Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15). Equality of opportunity in matters of public employment (Article 16).

What are the remedies for violation of Fundamental Rights?

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

How can people approach the Supreme Court in case of Fundamental Rights?

People can approach the SC directly in case of violation of fundamental rights. Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution . Fundamental rights can be suspended during a national emergency.

What are the available writs for enforcement of Fundamental Rights?

The available writs that can be issued for the enforcement of a fundamental right under the Indian Constitution are as follows: It is an order by the court directing that a detainee, who has been illegally and unlawfully detained, be produced or brought before the court, in order to intimate the court of the grounds and reasons of his detention.