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Right to constitutional remedies empowers a citizen to directly approach High Court or Supreme Court when any of the fundamental rights are taken away from him by the State(Government).
Thus, Right to constitutional remedies ensures and guarantees the enforcement of our Fundamental Rights. If there is no remedy in case of breach of fundamental right then the so called rights will only be on paper and not in real.
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The Fundamental Rights are enforceable. If they are affected, then Right to Constitutional remedies can save it.
Fundamental Rights are guaranteed against the actions of the Legislature or the Executive or any other authorities instituted by the government. There can be no law or action that violates the Fundamental Rights.
If any act of the government takes away or limits any of the Fundamental Rights, it will be null and void. Under the Right to Constitutional Remedies, the courts have the power to enforce the Fundamental Rights against any private individuals or bodies.
They have the power to issue direction,: orders or , writ for the enforcement of Fundamental Right. The courts also award compensation to the victims and punishment to the violators. It exercises its jurisdiction Suo motu on the basis of Public Interest Litigation (PIL).
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