9th Class Social Science Democratic Rights Question Bank Short Answer Type Questions - Democratic Rights

  • question_answer What do you understand by the Right to Constitutional Remedies?

    Answer:

    (a) The Right to Constitutional Remedies has been referred to as a right above all other rights. It is the guardian of all our Fundamental Rights. (b) It is the only guarantee against encroachment on our Fundamental Rights. All the other Fundamental Rights would have been meaningless if they had not been effectively safeguarded by the Right to Constitutional Remedies. (c) This right enables citizens to move to the Supreme Court and High Court if their Fundamental Rights are violated in any way. (d) The Supreme Court and High Courts can issue the following writs for the enforcement of these rights:  (i) Habeas Corpus. It js a remedy against illegal detention. (ii) Mandamus. It is an order to a public officer, individual or lower court to compel them to perform their duties. (iii) Prohibition. It is issued to prevent an inferior court from exercising powers which fall outside its jurisdiction. (iv) Certiorari. It is issued by a higher court to a lower court asking it to submit the records of a particular case for review. (v) Quo Warrantor. It is directed against a person who has usurped an office.


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