SC and HC Cases

SC and HC Cases

The constitution of our country guarantees certain fundamental rights to its citizens. Whenever there is a violation of these fundamental right a citizen of India can approach the judiciary. The High Court and Supreme Court are the forums where a citizen can approach to redress such grievances. The protection is not only for individual citizens, but also companies, or any other legal entities.
One can directly approach the High Court for legal remedies in such situations. If the petition is rejected in the High Court, an appeal can be taken to the Supreme Court. The Supreme Court can also be directly approached in some cases invoking article 32 of the Constitution of India.

The Fundamental Rights in India
There are 6 major Fundamental rights that are guaranteed to its citizens by the Constitution of India:

1. Right to Equality

2. Right to Freedom

3. Right against Exploitation

4. Right to Freedom of Religion

5. Cultural and Educational Rights

6. Right to Constitutional Remedies

As a secular and democratic republic, the citizens are expected to enjoy equality, freedom of speech and expression, the right to choose their religion, among other important rights. However, the most important right of this all is the one guaranteed by
Article 32- the right to constitutional remedies. All the other rights would have been meaningless if our Constitution did not put forward provisions for enforcement of these rights.

The Right to Constitutional Remedies

Article 32 consists of the following parts under this fundamental right:

  • Right to move the Supreme court for the enforcement of the rights.
  • The Supreme Court has the power to issue writs which may be used in some situation to enforce the rights:
  • Habeas corpus: a person who is unlawfully detained will have to be produced in the court
  • Mandamus: a command given to an individual or company or tribunal to do a specific task associated to their official power
  • Prohibition: commanding a lower court to stop a proceeding that is not under its jurisdiction
  • Quo warranto: to determine by which authority a certain action was taken by an individual or office.
  • Certiorari: a writ that orders lower courts to pass on the details and documents of a case to it for review.
  • The Parliament may empower any other court to exercise the jurisdictional powers of the Supreme court.
  • The right guaranteed by this article cannot be suspended except if it is provided in the Constitution.

Article 32 is the heart and soul of the Constitution. Everything written in it would be worthless without this provision within it. The makers of our Constitution obviously put the fundamental rights of its citizens at the highest pedestal and therefore enforcing them is very important.

How Can A Lawyer Help You?

Whenever you feel there is a fundamental right violation, which needs quick redressal, a lawyer can advise you on the best possible methods to approach the issue and file it before the appropriate court.
Were any of your fundamental rights violated?

Call us at +91 9847257555 to give us more details and we will help you.