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Home > Know Your Rights > Right to Constitutional Remedies
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Legal Framework

·  Article 32 of the Constitution of India deals with the Right to Constitutional Remedies. It states that:

“(a) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by the Constitution has been guaranteed under Article 32.
(b) The Supreme Court shall have the power to issue directions or order or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(c) The right guaranteed by this Article shall not be suspended except as otherwise provided for by the Constitution.
(d) This right can only be suspended during an Emergency by the President of India under Article 359.”


·  Article 226 of the Constitution of India gives the power of issuing writs to the High Courts of States also in case of violation of fundamental rights.

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