Sunday, March 22, 2015

If the fundamental rights violated by an individual can be challenged supreme court? or if only on violation by state could be challenged in SC?

One of the salient features of FR is as follows...
"Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies."
This would mean two categories of FRs.... those against State Excess and others against Private individuals.
So those violated by private individuals have only legal remedy and not under Right to Constitutional Remedies?
this is generally so, because the private individual would have definitely violated some law in the process of violating the other's FR
it depends on two things
i. what case does the aggrieved want to put forth - violation of FR or violation of a law
ii. what remedy he wants - remedial action or change of law
Sir if an MCQ have options
Constitutionally, FR's are vailable against the arbitrary action of
1. state
2. the action of private individual
3. both
4. None of these
what would be an answer?
It's clearly both! So, option 3.              
Why do u assume that its only against the govt? Art 32 says that SC will have the power to issue does it restrict that, it can be issued only against the state? it can be anybody!! Indeed, there are constitutional cases on inequality committed by private companies in employment etc. So, what is provided in the constitution is applicable to everybody in the country and not just to the state.
Can Habeas corpus issued against state and individuals? Yes, the writ can be issued against authorities of states or individuals or organizations.
http://www.gktoday.in/types-of-writs-in-the-constitution-of-india/

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