Who can apply for constitutional remedies?

Last updated on Jun 15, 2022

Any aggrieved person whose fundamental rights have been violated can avail constitutional remedies by filing a writ petition before the Supreme Court or the High Court.1 

For habeas corpus2 and mandamus3, people other than the aggrieved person can also file a petition to seek a particular remedy. 

It is important to understand that not all fundamental rights are available to all people. For instance, the right to equal opportunity in employment4 and freedom of speech and expression 5 are available only to citizens. On the other hand, fundamental rights such as the right to life6 and the right to be treated equally before the law 7 are available to all people, irrespective of whether they are citizens or non-citizens. A person can file a writ petition seeking constitutional remedies to enforce any fundamental rights which are available to them.

  1. Articles 32 and 226, Constitution of India, 1950.[]
  2. Sunil Batra v. Delhi Administration, 1980 AIR 1579.[]
  3. Bandhua Mukti Morcha v. Union of India, 1984 AIR 802.[]
  4. Article 16, Constitution of India, 1950.[]
  5. Article 19(1)(a), Constitution of India, 1950.[]
  6. Article 21, Constitution of India, 1950.[]
  7.  Article 14, Constitution of India, 1950.[]

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