What is Article 32 in Indian Constitution?

Article 32 deals with the 'Right to Constitutional Remedies', or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.

What does Article 32 of the Indian Constitution deal with?

Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights.

Why Article 32 is the soul of the Indian Constitution?

It is a mechanism or an instrument through which an individual whose fundamental rights have been infringed can approach the Apex Court i.e. Supreme Court of India to seek remedy as well as enforcement of these rights. Thus, Article 32 makes the Supreme Court both the guarantor and the defender of 'Fundamental Rights'.

What is the name of Article 32?

Article 32 of the Indian Constitution is known as 'the heart and soul of the Constitution' and provides the Fundamental Rights of an Indian citizen while Article 226 of the Indian Constitution gives discretionary power to the High Courts and provides the Constitutional Rights of an Indian citizen.

What is Article 32 of Indian Constitution Class 11?

Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been 'unduly deprived'.

Article 32 - Writ Jurisdiction - Constitution of India

Is Article 32 can be amended?

Provisions of Article 32

Article 32 is a unique provision that empowers a citizen to bypass the lower courts and directly move the apex court. The rights under Article 32 cannot be amended or suspended unless the Constitution provides for it or except during a period of Emergency.

Who can apply under Article 32?

Writs under Indian Constitution

To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated.

How many writs are there in Article 32?

Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.

Who said Article 32 is the soul of Constitution?

B.R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as ' the heart and soul of the Constitution'.

What is the difference between Article 32 and Article 226?

Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.

Is Article 32 A basic structure?

To sum up, the Apex Court Bench comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah have very rightly reiterated once again the unique position of Article 32 which is the cornerstone of our Constitution that, Article 32 is an important and integral part of basic structure of our Constitution.

Is Article 32 only for citizens?

The right under Article 32 is available to anyone whose rights are being violated, not just citizens – the distinction is important because, for instance, while the right to freedom of speech in Article 19(1)(a) is provided to citizens, the right to life and personal liberty is guaranteed to all persons in India.

Who may file a petition under Article 32?

Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights. Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights.

What are the 5 writs of Article 32?

What is the full form of PIL?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals.

What are the 5 types of writs?

When can the Supreme Court refuse to grant relief Article 32?

Option 3 is correct. That no fundamental right has been infringed - On this, the Supreme Court can refuse relief under Article 32. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.

What is difference between writ and petition?

The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.

What remedies can be enforced under Article 32?

Article 32 offers the right for Constitutional remedies. It means that everyone has the right for moving to high courts and the Supreme Court to acquire the fundamental rights secured. It is well-recognized fact that the Supreme Court has the full power for issuing writs exactly under the article.

Which writ is called as postmortem?

The correct answer is Quo warranto.

Is Article 32 judicial review?

Also, under Article 32 a person can move to the Supreme Court for any violation of the fundamental right or for a question of law. But the final power to interpret the constitution lies with the apex court i.e Supreme Court.

What is the scope of Article 32?

The supreme court has the power to execute the rights that have been bestowed upon an individual by the constitution. Under Article 32, parliament can also entrust the exercise of the authority of the Supreme Court to any other tribunal, providing that it is within its jurisdiction.

What is the difference between Article 32 and Article 139?

Article 32 generally gives the power to issue writs for the enforcement of Rights under Part III i.e. the fundamental rights. It is the Parliament under Article 139 that can confer upon the Supreme Court the power to issue the writs on the ground other than those mentioned under Article 32.

Can the Supreme Court refuse to exercise its powers under Article 32 to protect FR's?

An aggrieved party can approach the Supreme Court for redressal for the enforcement of a right, being it is a fundamental right. On the other hand, Article 226 is not a right as that of article 32. Being the guarantor of Fundamental Rights, the Supreme Court can not refuse to issue Writs.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.