Question

Re-read the list of Fundamental Rights provided in chapter 1. How do you think the Right to Constitutional Remedies connects to the idea of Judicial Review?

Answer 1

Hint:
 Judicial review is a mechanism in which the judiciary is subject to review of executive or legislative acts. A court with judicial review power may invalidate legislation, acts and government activities that are incompatible with a higher authority: an administrative decision may be invalidated because it is unconstitutional or a statute may be invalidated because the provisions of a constitution are violated.

Complete solution:
The Right to Constitutional Remedies enables an Indian citizen to move the court if he thinks that the State has violated any of his or her fundamental rights. As the final interpreter of the Constitution, if it determines that legislation breaches the fundamental framework of the constitution, which is called judicial review, the judiciary has the power to review or even strike down any specific law passed by Parliament. In this way, we find that the right to fundamental right to constitutional remedies is explicitly related and protected by the principle of judicial review.

One of the checks and balances in the separation of powers is judicial review: the power of the judiciary to regulate the legislative and executive branches if they exceed their authority. The doctrine varies between jurisdictions, so between and within countries, the process and scope of judicial review can vary.

Note:
This right is protected by Section 32 for the Supreme Court and Section 226 for the High Court. Furthermore the power may also be granted by local courts to extend the rights.