Question

Which of the following rights allows citizens to move the court if they believe that any of their Fundamental Rights have been violated?

• A. Right to Equality
• B. Right to Freedom
• C. Right against exploitation
• D. Right to Constitutional remedies

Hint:

Fundamental Rights in the Indian Constitution (Part III): 1. Right to Equality (Art. 14-18) 2. Right to Freedom (Art. 19-22) 3. Right against Exploitation (Art. 23-24) 4. Right to Freedom of Religion (Art. 25-28) 5. Cultural and Educational Rights (Art. 29-30) 6. Right to Constitutional Remedies (Art. 32): Empowers citizens to move the Supreme Court for enforcement of Fundamental Rights. High Courts have similar power under Art. 226. (Right to Property was a Fundamental Right but was removed by the 44th Amendment and made a legal right under Art. 300-A).

Answer 1

The Correct Option is D

Step 1: Recall the Fundamental Rights in the Indian Constitution.
Part III of the Indian Constitution guarantees certain Fundamental Rights to its citizens.

Step 2: Identify the right that provides for enforcement of these rights.
- (1) Right to Equality (Articles 14-18): Includes equality before law, prohibition of discrimination, equality of opportunity, abolition of untouchability, and abolition of titles.
- (2) Right to Freedom (Articles 19-22): Includes freedom of speech and expression, assembly, association, movement, residence, and profession; protection in respect of conviction for offences; protection of life and personal liberty; right to education; protection against arrest and detention in certain cases.
- (3) Right against Exploitation (Articles 23-24): Prohibits traffic in human beings and forced labor, and prohibits employment of children in factories, etc.
- (4) Right to Constitutional Remedies (Article 32): This article is considered the "heart and soul" of the Constitution (as termed by Dr.
B.
R.
Ambedkar).
It guarantees the right of citizens to move the Supreme Court (and High Courts under Article 226) for the enforcement of their Fundamental Rights if they are violated.
The Supreme Court can issue writs (like habeas corpus, mandamus, prohibition, certiorari, quo warranto) for this purpose.

Step 3: Determine which right allows moving the court for violation of Fundamental Rights.
The Right to Constitutional Remedies (Article 32) specifically empowers citizens to approach the courts for the enforcement of their Fundamental Rights.
This matches option (4).