Which provision in the Indian Constitution allows citizens to move to court if…
2019
Which provision in the Indian Constitution allows citizens to move to court if they believe that any of their Fundamental Rights have been violated by the State?
- A.
Right against Exploitation
- B.
Right to Constitutional Remedies
- C.
Right to Freedom
- D.
Cultural and Educational Rights
Attempted by 176 students.
Show answer & explanation
Correct answer: B
Answer: Right to Constitutional Remedies — the mechanism for enforcing Fundamental Rights.
Key points:
Primary provision: Article 32 of the Constitution. It empowers an individual to approach the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights.
Related provision: Article 226 allows High Courts to issue writs for enforcement of Fundamental Rights within their territorial jurisdiction.
Distinction from other rights: Rights such as the Right against Exploitation (Articles 23–24), the Right to Freedom (Articles 19–22), and Cultural and Educational Rights (Articles 29–30) are substantive Fundamental Rights but do not themselves describe the court remedy mechanism.
Therefore, the correct provision that allows citizens to move to court when a Fundamental Right is violated is the Right to Constitutional Remedies (Article 32), with High Courts empowered under Article 226.