Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-03 | 335-340
Review Article
The Remedies for Enforcement of Fundamental Rights in Malaysia and India
Gan Chee Keong
Published : March 30, 2018
Abstract
This paper deals with a comparative study of remedies for enforcement
of fundamental rights in Malaysia and India. The provision of remedies for
enforcement of fundamental rights plays an important role in preserving and
defending the fundamental rights in the Constitution. Hence, the said provision is
better catered for under the Constitution than under an ordinary legislation to
ensure strength in upholding fundamental rights. In Malaysia, the provision of
remedies for enforcement of fundamental rights provided under an ordinary
legislation. Conversely, Indian Constitution has provided such remedies under
Article 32 and 226. The Indian Courts have given a wide construction to Article 32
and 226 of which the provisions give powers to the Supreme Court as well as High
Courts to issue any order, including any order in the nature of the common law
prerogative writs, for the purpose of enforcement of fundamental rights guaranteed
by the Constitution. In addition, the Indian High Court has jurisdiction to issue
writs not only for the purpose of enforcing fundamental rights, but also to enforce
any legal rights because of the words „for any other purposes‟ in Article 226. On
this paper the writer makes a comparative study on the remedies for enforcement of
fundamental rights between Malaysia and India to find out more information
regarding the position of the law given in both the countries. At the end of the
paper, the writer will make recommendations for the purpose of improving the law
concerns.