Shrinkhala Prasad, LL.M., Chanakya National Law University, Patna
ABSTRACT
In general, judicial remedies may be divided into- Constitutional and Statutory remedies. Ubi Jus Ibi Remedium denotes ‘Where there is a right, there is a remedy’. Remedy denotes the manner in which a right is enforced or satisfied by a Court in case of its violation. The person whose right is being infringed has a right to enforce the infringed right through an action before a court the affected party should establish his/her substantive right infringed by the defendant in an action before a court of law.
A remedy given under a statute authority is called Statutory Remedy. Statutory remedies are not equivalent to constitutional remedies. As a substantive remedy, relief which could not be achieved through a writ could be provided. These writs are issued by the Supreme Court in order to only protect the fundamental rights of the citizens but the High Court is empowered to issue these writs for the protection of other rights also. The writ of injunction is not specifically provided under the Indian Constitution but yet it is provided as a remedy by the Supreme Court.
Keywords: Judicial remedy, Statutory remedy, Writs, Injunction, Indian Constitution.
