VI. Right to Constitution Remedies

Article 32 guarantees the enforcement of Fundamental Rights. It is remedial and not substantive in nature. The rest of the Article 33 to 35 relate to supplementary matters and do not create or guarantee any right. It is a cardinal principle of jurisprudence that where there is a right there is a remedy and if rights are given without remedy, they are of no use. While remedies are available in the constitution and under the ordinary laws, Article 32 makes it a fundamental right that a person whose fundamental right is violated, has the right to move to the Supreme Court by appropriate proceedings for the enforcement of this fundamental right. Where a fundamental right is also available against the private persons such as the right under Article 17, 23 and 24, the Supreme Court can always be approached for appropriate remedy against the violation of such rights by private individuals.

Article 33 authorizes parliament to restrict the application of Fundamental rights in relation to members of armed forces, Para –military forces, police forces.

Article 34 is primarily concerned with granting indemnity by law in respect of acts done during operation of martial law.

Article 35 provide that wherever parliament has by an express provision been empowered to make a law restricting a fundamental right Parliament alone can do so.