GK Question

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Constitutional Morality requires that the right to constitutional remedies under Article 32 be accessible and effective, particularly for marginalized groups — leading to innovations like Public Interest Litigation which relaxed the rule of ______ to enable public-spirited persons to file petitions for enforcement of rights of those unable to approach courts themselves.

  1. stare decisis
  2. locus standi
  3. natural justice
  4. separation of powers

Answer: locus standi

Access to justice and Constitutional Morality: (a) Article 32: Right to move Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it 'heart and soul' because without remedies, rights are meaningless, (b) Constitutional Morality application: (i) S.P. Gupta (1981): Relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage, (ii) PIL transformed judicial role: from dispute resolution to social justice delivery, (iii) Enabled courts to address: prison conditions (Hussainara Khatoon), environmental degradation (MC Mehta), bonded labour (Bandhua Mukti Morcha), gender justice (Vishaka), (c) Safeguards: Courts developed filters to prevent frivolous PILs; focus on genuine public interest, marginalized groups, (d) Balance: Access to justice for marginalized vs preventing judicial overreach; Constitutional Morality prioritizes substantive access over formal barriers. Illustrates participatory constitutionalism: rights realization requires active citizen engagement alongside institutional mechanisms.

Topic Constitutional Morality - Article 32 Access to Justice
Exam Relevance Access to justice and constitutional morality frequently asked in UPSC and SSC exams