Equal Rights and Constitutional Remedies

Fundamental Rights ensure that ‘All are equal before the law’ which means that all citizens have equal right to freedom of religion, assembly, association, and movement. No person is to be deprived of his life, liberty or property, except in accordance with the law.

Right to Property: A Protracted Struggle and Constitutional Remedies

• Article 300-A: According to Article 300-A of the Indian Constitution, the right to property states that no one has the authority to deprive a person of his or her property, apart from the state.
• Protracted Struggle: The history of the right to property in the Indian Constitution is characterized as a protracted struggle between the legislative and judicial branches of India.

Controversy Over Property Rights: Original Constitution, Government Control, and the Role of Constitutional Remedies

• Original Constitution: Fundamental right to ‘acquire, possess, and maintain’ property was given in the original Constitution.
• Government Control: The Constitution allowed property takeover by the government for public welfare. Hence the Government enacted laws limiting property rights over the years.
• Prolonged Debate: However, Property right’s relationship with Directive Principles sparked a prolonged debate.

Change in Property Right Status: Supreme Court Ruling, Legal Shift, and Constitutional Remedies

• Supreme Court Ruling: The Supreme Court ruled in 1973 that property rights were not a basic constitutional element. 
  • The Court declared Parliament could abridge property rights through amendment.
• Fundamental to Legal Right: Hence by 44th Amendment (1978), Property right was removed from Fundamental Rights, reclassified as legal right under Article 300A.
  • This transition weakened protection for property rights, subjected to legislative changes.
• Balancing Property Rights: This shift aimed at balancing individual property rights with broader societal welfare. 

Right to Constitutional Remedies: Constitutional Safeguards and the Vital Role of Remedies

• Constitutional Safeguards: Simply listing fundamental rights isn’t enough; mechanisms are needed to ensure realization and defense against violation. 
  • Hence Right to Constitutional Remedies are of paramount Importance. 
• Dr. B.R. Ambedkar’s View: Dr. B.R Ambedkar called it the ‘heart and soul of the constitution.’
• Restoring Rights: Citizens can approach High Courts or the Supreme Court to restore violated fundamental rights.

Role of Judicial Authority in Constitutional Remedies: Safeguarding Rights Through Writs

• The devices through which the courts protect Fundamental Rights are known as writs or judicial processes, include constitutional remedies.
• Courts can issue the following writs and directives to enforce rights.
  • Habeas Corpus: Orders presenting arrested individuals in court and can release them if arrest is unlawful or unjust.
  • Mandamus: Issued if an office holder neglects legal duty that impinges on individual rights.
  • Prohibition: Higher courts intervene when lower courts exceed their jurisdiction.
  • Quo Warranto: Challenges the eligibility of a person holding office without entitlement.
  • Certiorari: Orders transferring matters from lower to higher authorities.

Supplementary Rights Protection: National Commissions and Constitutional Remedies

• National Commissions: Various National Commissions address the rights of minorities, women, and Scheduled Castes.
• National Human Rights Commission (NHRC): Established by law to safeguard fundamental and other rights through constitutional remedies.

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