Question

Any dispute regarding the violation of Fundamental Rights can be presented ___________.
A) In the Supreme Court only
B) In the High Court only
C) Either in the Supreme Court or in the High Court
D) First in the Supreme Court and then in the High Court

Answer 1

Hint: Fundamental rights are the basic human rights enshrined in Part III of the Indian Constitution. A person can approach the Courts in case of violation or enactment of fundamental rights through five kinds of writs.

Complete answer:
Fundamental rights are the basic human rights enshrined in Part III of the Indian Constitution and are guaranteed to all citizens. The Constitution of India provides for six Fundamental Rights which are applied without any discrimination on the basis of race, religion, gender, etc.

In case of civil or criminal matters, the first solution available to an aggrieved person is that of trial courts. Then the appeal is made first in the High Court and then the Supreme Court. However, in case of violation of fundamental rights of an individual, he or she can approach the High Court under Article 226 or can also go directly to the Supreme Court, as mentioned in Article 32 of the Indian Constitution.

Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by proper proceedings for the enforcement of the rights conferred in Part III of the Constitution.

A person can approach both the High Courts and the Supreme Court in case of violation or enactment of fundamental rights through five kinds of writs:
i) Habeas corpus: It is associated with personal freedom in cases of illegal detentions and wrongful arrests.
ii) Mandamus: Directs public officials, governments, courts to execute a statutory responsibility.
iii) Quo warranto: To show by what authorization is a person holding public office.
iv) Prohibition: Directing judicial or quasi-judicial authorities to end proceedings for which it has no jurisdiction.
v) Certiorari: Are-evaluation of an order given by judicial, quasi-judicial or administrative authorities.

Thus, the correct answer is Option ‘C’ i.e, Any dispute regarding Fundamental Rights' violation can be presented either in the Supreme Court or in the High Court.

Note: The President of India can suspend the fundamental rights under Article 359, Part III of the Constitution. It states that if the national emergency is enforced then the President of India may by order announce the suspension of one’s power to move to court for enforcement of such rights. This particular Article can be enforced in either the entire country or any part of India.