What do you mean by Article 32?

Asked by: Daija Zieme  |  Last update: July 29, 2022
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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 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.

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.

Why Article 32 is most important?

During the Constituent Assembly debate, Dr. B.R Ambedkar had said that Article 32 is the heart and soul of the Constitution, and rights given through it will always be exercised in the Supreme Court unless any amendment has been made in the Constitution.

What is the objective of Article 32 of Indian Constitution?

The main objective of Article 32 is to provide a guaranteed, effective, and cost-effective remedy for the protection of fundamental rights. The Supreme Court has original but not exclusive jurisdiction over the implementation of Fundamental Rights. It runs concurrently with the high court's Article 226 authority.

5 Types of Writs | Constitutional Remedies | Article 32 and Article 226

43 related questions found

Why Article 32 is called soul of the Constitution justified it?

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'.

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.

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.

When can an Article 32 be suspended?

The Constituent Assembly debated whether fundamental rights including this one could be suspended or limited during an Emergency. The Article cannot be suspended except during the period of Emergency.

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.

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?

Article 32 Is An Important And Integral Part Of Basic Structure Of Constitution: SC. Skill Lotto Solutions Pvt Ltd vs Union Of India that Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of rule of law.

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.

Which right is called heart and soul?

'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.

What are the 5 types of writs?

The five types of writs are:
  • Habeas Corpus.
  • Mandamus.
  • Prohibition.
  • Certiorari.
  • Quo-Warranto.

What is meant by term writ?

The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction.

Which writ is called as postmortem?

The correct answer is Quo warranto.

What are the 5 writs of Article 32?

Writs are written orders issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizens from a violation.
Type of Writs
  • Habeas Corpus.
  • Certiorari.
  • Prohibition.
  • Mandamus.
  • Quo Warranto.

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 is called the soul of the Constitution?

Supreme Court

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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.

What is writ by Drishti IAS?

Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.

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 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.

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.