Asked by: Alfie Pombar
news and politics law

Who can enforce fundamental rights?

Last Updated: 1st February, 2020

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Article 184-3 of the Constitution says that,“without prejudice to the provisions of Article 199[jurisdiction of High Court to enforce fundamental rights],the Supreme Court shall, if it considers that a question of publicimportance with reference to the enforcement of any of theFundamental Rights [outlined in the

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Likewise, who can enforce fundamental rights in India?

(ii) Right of minorities to establish andadminister educational institutions: Under this law, minoritieshave the right to establish and administer their owneducational institutions. Article 32 of the IndianConstitution has provisions for legal enforcement of thefundamental rights.

are fundamental rights enforceable against private citizens or corporations? The Court drew a line between private and stateaction and held that fundamental rights are notenforceable against private actor. 4 For example theFourteenth Amendment commands that “No state shall….deprive any person of life, liberty or property, withoutdue process of law; nor deny…equal protection of thelaw.”

Moreover, can District Court enforce fundamental rights?

It is suggested that the Parliament may enact a lawunder the said article 32(3) to empower the District Courtsin India to exercise the said powers to issue directions or ordersor writs for the enforcement of the fundamentalrights. District Judges are experienced judicialofficers.

When the fundamental rights of a person are violated whom can he go to?

If a legal right of a person is violated, hecan move to an ordinary court, but if a fundamental right isviolated the Constitution provides that the affectedperson may move to High court or Supreme Court. Herewe should note that the Rights to Property was afundamental right before 1978.

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