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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