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Monday, February 12, 2024

Right to Legal Recourse

This Court in Ahmedabad Municipal Corpn. v. Nawab Khan Gulab Khan [(1997) 11 SCC 121] reiterated the oft-noted phraseology that judicial review is a basic structure of the Constitution and every citizen has a fundamental right to redress the perceived legal injury through judicial process. This Court went on to record:

"… the Constitutional Court, therefore, has a constitutional duty as a sentinel on the qui vive to enforce the right of a citizen when he approaches the court for perceived legal injury, provided he establishes that he has a right to remedy.…"

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