Nivedita Krishnan, Amity University, Noida
ABSTRACT
The Constitution of India is without any doubt the supreme law of India. Part III of the Indian Constitution contains Article 12 - Article 35 that addresses fundamental rights. Particularly, Article 32, or "Right to Constitutional Remedies," is a fundamental right that grants extremely broad authority to petition the Supreme Court for a violation of any fundamental right by the government, institutions, or people. This article takes a critical look at the Right to Constitutional Remedies and how, in Dr. Babasaheb Bhimrao Ambedkar's opinion, it triumphed over other rights to become the most significant fundamental right that someone can possess. He stated that without this Article, "the Constitution will be nullity."
Chapter 1 of the research paper is dedicated towards the introduction concept of constitutional remedies. Chapter II of this research paper briefly discusses about the meaning, evolution and origin of constitutional remedies. It also discussed about the historical background of writs, the meaning and various kinds of writs along with different case laws. Chapter III of the dissertation briefly discusses about the relevance of writs with reference to constitutional remedies in today’s time. Chapter IV of the dissertation discusses about the meaning of Judicial Activism and judicial activism in India through constitutional remedies. Chapter V of the dissertation is wholly dedicated towards the conclusion and suggestions of the dissertation and bibliography.
Keywords: Writs, Judicial Activism, Constitutional Remedies, Article 32.
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