The Need to secure the rights
Fundamental rights are vital in light of the fact that they resemble the foundation of the country. They are fundamental for protecting individuals’ inclinations. The framing of the rights was a crucial step but mere creating them and treating them just as guarantees is of no utilization. So they need to be secured. For this regulations and laws should be made to ensure no individual is deprived of them.
How did India secure its fundamental rights?
Our leaders after so much research and expertise came to a decision that our country should be democratic. We have learn how important fundamental rights are for a democracy. We also have learnt what our first 5 fundamental right are. So are we now sure we can live an unbiased life in our country where we can access all the rights, where we can rightfully claim them? The answer is NO. Why? The 5 fundamental rights are just mentioned in our constitution. There is no provision where citizens can rightfully claim them in a legal manner or how our constitution can protect them. Mere mentioning them in the constitution is of negligible use. So to overcome this our constitution makers came up with a 6th fundamental right which is Right to Constitutional Remedies.
Right to Constitutional Remedies
The Fundamental Rights in the Constitution are significant on the grounds that they are enforceable. That means the citizens have the right to seek the implementation of the rights. This right is included in the fundamental rights as Right to Constitutional Remedies. With this right when the other rights of a citizen are violated he/she can seek the help of the judiciary. According to this a person can move directly to the Supreme Court or the High court in any case of violation of rights.
The rights are above the action of the legislative the executive or the judiciary. Any law policy or action of central or state government bodies are a threat to any fundamental right they are invalid. As India have an independent judiciary the supreme and high courts protects fundamental right from violation by giving orders and writs.
Right to Constitutional Remedies as ‘The Heart And Soul’ of our Constitution, pointed by Dr. B.R. Ambedkar.
Securing the Fundamental Rights
Securing the Fundamental Rights: We all need to live joyfully, without fear, and without being exposed to biased treatment. That means we need some basic rights. For this, we anticipate that others should act in such a way that doesn’t hurt us. Similarly, our activities shouldn’t hurt others. So a right is conceivable when you make a case that is similarly workable for other people. You can’t have a right to damage or harm others. You can’t have a right to play a game in such a manner that it breaks the neighbor’s window. The cases we make should be sensible.
Rights are fundamental for the existence of a democracy. In a democratic system, residents must have the option to cast a ballot and the right to be chosen by the government. Rights play out an extremely unique job in a majority rules system. Rights safeguard minorities from the persecution of majorities. Freedoms are ensured which can be utilized when things turn out badly. Things may turn out badly when a few residents may wish to remove the freedoms of others. The public authority must safeguard the citizens’ privileges in such a circumstance. In some cases, legislatures may not safeguard or may even go after the privileges of their citizens. That is the reason a few rights should be put higher than the public authority so that the government can’t abuse them. In most majority rule governments the fundamental freedoms of the citizen are there in the constitution.