What is Article 32 of the Constitution of India?

What is Article 32 of the Constitution of India?

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.

Why Article 32 is called heart and soul of Constitution?

B.R. Ambedkar said that without Article 32, the Indian Constitution is null and void and thus is regarded as the heart and soul of the Indian Constitution.

What is the aim of Article 32?

Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country’s Apex Court in case of violation of Fundamental Rights.

What is Article 32 of Indian Constitution Upsc?

Article 32 establishes the Supreme Court as the protector and insurer of fundamental rights. Furthermore, the Apex Court has original jurisdiction over the power to issue writs. This means that rather than appealing, a person can contact SC directly for a remedy.

Who said Article 32 is the soul of the Indian Constitution?

Dr. B.R. Ambedkar
B.R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as ‘ the heart and soul of the Constitution’. It was made so because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.

Is Article 32 a fundamental right?

Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution.

Why is Article 32 regarded as the heart and soul of the Constitution ‘? Explain how judiciary protect the fundamental rights in India?

‘Heart and soul of Constitution’ Article 32 falls under Part III of the Constitution that includes the fundamental rights of individuals. It allows an individual to approach the Supreme Court if she or he believes that her or his fundamental rights have been violated or they need to be enforced.

Is Article 32 suspended during national emergency?

These Fundamental Rights can be suspended during emergency by the President of India under Article 359. The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the Supreme Court for the enforcement of these rights.

Can Article 32 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.

How many writs are there in Article 32?

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

What is the importance of Article 32 and Article 226 of the Indian Constitution?

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.

What remedies can be enforced under Article 32 of the Constitution of India?

Article 32 under the Indian Constitution– Right to the Constitutional Remedies 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.