Webinar Details
- Topic: “Illusion of Remedies: The Inaccessibility of Fundamental Rights Enforcement in India”
- Date: 21st April 2026
- Mode: Online (Google Meet)
- Eligibility: Open to Non law students, Law Students, UPSC Aspirants & Interested Learners
About the Seminar
The Constitution of India guarantees the enforcement of Fundamental Rights through Article 32 of the Constitution of India and Article 226 of the Constitution of India.
These provisions are often celebrated as powerful safeguards ensuring that rights are not merely symbolic but enforceable.
However, a deeper constitutional and practical issue arises: When violations are strictly confined to Fundamental Rights—without any accompanying civil wrong, criminal offence, or statutory breach—the enforcement mechanism becomes exclusively dependent on constitutional courts.
What does this mean?
In cases involving tangible harm (such as injury, detention, property loss), individuals can approach lower courts through civil or criminal law mechanisms.
But in cases of pure constitutional violations (e.g., restrictions on speech, arbitrary state action without immediate physical harm), there is no parallel remedy in subordinate courts.
This leads to a structural limitation:
- Lower courts → More accessible, but lack power to enforce Fundamental Rights directly
- Higher courts (SC/HC) → Constitutionally empowered, but less accessible due to cost, distance, and procedural barriers
The Core Issue
This creates a constitutional paradox: The right to remedy is guaranteed, but its accessibility is unequal.
The seminar will critically explore
- Whether exclusive writ jurisdiction strengthens or limits access to justice
- The practical difficulties faced by individuals in approaching higher courts
- The gap between constitutional theory and lived reality
- Whether Fundamental Rights risk becoming theoretical guarantees for many sections of society
Key Areas of Discussion
- Nature of strict Fundamental Rights violations
- Scope and exclusivity of remedies under Articles 32 & 226
- Absence of direct enforcement powers in lower courts
- Tangible vs non-tangible rights violations
- Socio-economic and geographical constraints
- Structural gap between rights and remedies
- Critical analysis of access to constitutional justice
How to Register?
Simply join the official WhatsApp group to complete your registration and receive program updates. Join the WhatsApp Group, link attached at the end of the post.
Send your basic academic introduction and clearly mention that you wish to join the programme to: 98630 19566 (I.E.R.L Administrative Number).
Contact
For any clarification or further documentation, please feel free to contact us at: 98630 19566 ( WhatsApp ) or ierlacademy2024@gmail.com.
Click here to Register.
