Definition
The Latin maxim 'where there is a right, there is a remedy' — every legal right that is violated must have a corresponding remedy available to the aggrieved person; the law cannot recognise a right without providing a means to enforce it.
Ubi jus ibi remedium is one of the foundational maxims of common law — and Indian constitutional law. The maxim was foundational in establishing that: (a) courts have an obligation to provide redress for every violation of a legal right (Ashby v. White, 1703); (b) where a statute creates a right but provides no specific remedy, courts will imply a remedy (judicial remedy); and (c) the right to constitutional remedies under Article 32 ('the heart and soul of the Constitution') is itself the constitutional embodiment of this maxim — every fundamental right violation must have a remedy before the Supreme Court. Dr. Ambedkar cited ubi jus ibi remedium as the reason Article 32 (making the right to constitutional remedies itself a fundamental right) was essential to the Constitution.
Statutory Definition
Article 32(1), Constitution of India: 'The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.' This is the constitutional embodiment of ubi jus ibi remedium — every fundamental right has a corresponding remedy in the Supreme Court. The maxim was applied in Ashby v. White (1703) 2 Lord Raym 938 and adopted in Indian law.
Etymology & Origin
Latin 'ubi' (where) + 'jus' (right, law) + 'ibi' (there) + 'remedium' (remedy, cure). 'Where there is a right, there [is] a remedy' — the remedy follows the right as a necessary consequence.
Full Legal Analysis
Ubi Jus Ibi Remedium: Every Right Has Its Remedy
A right without a remedy is a legal fiction. The maxim ubi jus ibi remedium insists that law is not merely declaratory — it is enforceable. If a right is recognised, there must be a mechanism to vindicate it when violated. This principle is both a foundational legal maxim and, in India, a constitutional requirement: Article 32 makes the right to seek enforcement of fundamental rights itself a fundamental right.
Ashby v. White (1703): The Classic Case
In Ashby v. White (1703) 2 Lord Raym 938, Lord Holt CJ applied the maxim to hold that even though the plaintiff (a voter) suffered no financial loss when the returning officer wrongfully refused to accept his vote, he was entitled to damages. The right to vote — a legal right — had been violated; the violation of any legal right generates a right to redress. Lord Holt: 'If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it.' This is the canonical statement of ubi jus ibi remedium.
Constitutional Application: Article 32
Article 32 is India's constitutional institutionalisation of ubi jus ibi remedium for fundamental rights. Dr. Ambedkar described Article 32 as 'the most important article — without which this Constitution would be a nullity.' The right to approach the Supreme Court for fundamental rights enforcement is itself a fundamental right — not a discretionary facility, not a secondary recourse, but a primary constitutional guarantee. Ubi jus ibi remedium operates at its highest in this constitutional context: every fundamental right violation has a guaranteed remedy before the Supreme Court.
“A right without a remedy is a ghost — visible in theory but powerless in practice. Ubi jus ibi remedium refuses to accept ghost rights. It insists that rights be real: if you have it, you can enforce it; if it is violated, the court will respond. This is the first principle of a functioning legal system.”
This Term in Indian Statutes
Constitution of India, 1950
"The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed."
Article 32: constitutional embodiment of ubi jus ibi remedium — every fundamental right has a guaranteed enforcement mechanism
