What is Article 32 of the Constitution?
Asked by: Lucile Mayer | Last update: February 16, 2026Score: 4.6/5 (6 votes)
"Article 32" refers to different constitutional provisions, but most notably to Article 32 of the Indian Constitution, which guarantees the Right to Constitutional Remedies, allowing citizens to approach the Supreme Court to enforce their fundamental rights, famously called the "heart and soul" by Dr. B.R. Ambedkar. In other contexts, like the U.S. military's Uniform Code of Justice, Article 32 pertains to preliminary hearings for serious charges, while some US states (like North Carolina) have Article 1, Section 32, concerning jury rights, and South Africa's constitution (Article 32) ensures access to information.
What is the Article 32 of the Constitution?
Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief.
Why is Article 32 so important?
An Article 32 preliminary hearing offers a crucial strategic opportunity for the defense, providing them the chance to offer exculpatory evidence or challenge the validity and/or admissibility of the prosecution's evidence.
What is Article 32 of the basic law?
Article 32 Hong Kong residents shall have freedom of conscience. Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public.
Why is Article 32 known as the soul of the constitution?
Why is Article 32 called the 'heart and soul' of the Constitution? Dr. B.R. Ambedkar called Article 32 the 'heart and soul' of the Constitution because it ensures that citizens can seek justice if their fundamental rights are violated.
Article 32 - Writ Jurisdiction - Constitution of India
Who says "soul of the constitution"?
According to the architect of the Indian Constitution, Dr.BR Ambedkar, the Right To Constitutional Remedies, is known as the heart and soul of the Constitution.
What is the difference between Art 32 & 226?
Article 32 provides that in case the fundamental right is violated, the Supreme Court shall act. Article 226 states that High Courts shall have the discretion to decide whether they ought to issue a writ or grant relief.
What is Article 32 3 in simple words?
Article 32, Constitution of India 1950
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
Is someone born in Hong Kong Chinese?
Though Hong Kong is home to a number of people of different racial and ethnic origins, the overwhelming majority of Hongkongers are of Chinese descent. Many are Yue–speaking Cantonese people and trace their ancestral home to the adjacent province of Guangdong.
What are considered fundamental rights?
Fundamental rights refer to the basic civil liberties and protections that are essential to the functioning of a democratic society. In the United States, the Supreme Court plays a pivotal role in interpreting and safeguarding these rights, which include freedoms such as speech, religion, and due process.
What happens after Article 32?
After the Article 32 Hearing
Following the hearing, the investigating officer prepares a detailed report that summarizes the evidence and their recommendations on the next steps. The report is reviewed by the convening authority, which then decides the next steps for the case.
What is the writ of habeas corpus?
Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.
How many rights can be issued under Article 32 of the Constitution?
The correct answer is 5. The Supreme Court and High Courts in India are empowered to issue five types of writs under Articles 32 and 226 of the Constitution of India. The writs are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
What are the key features of Article 32?
Under Article 32 of the Uniform Code of Military Justice (UCMJ), a hearing is mandated before certain cases proceed to a General Court-Martial, the most serious type of court-martial. These hearings occur after charges are “preferred” but before they are “referred” to a General Court-Martial trial.
What is the Article 32 regulation?
Article 32 of the General Data Protection Regulation (GDPR) requires Data Controllers and Data Processors to implement technical and organizational measures that ensure a level of data security appropriate for the level of risk presented by processing personal data.In addition, Article 32 specifies that the Data ...
What are the 5 types of writs under Article 32?
Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties.
Does Hong Kong legally belong to China?
Hong Kong, officially known as the Hong Kong Special Administrative Region of the People's Republic of China (PRC), is a former British territory that reverted to Chinese sovereignty on 1 July 1997.
What is the main religion in Hong Kong?
Most of the Hong Kong people of Chinese descent practice Chinese folk religion – which may include Confucian and Taoist doctrines and ritual traditions – or Buddhism, mostly of the Chinese variety.
Are you 1 when you are born in China?
If this isn't confusing enough, the Chinese start counting age from the time you are conceived, not born, so every Chinese is one year old at birth and then adds to their age each Chinese New Year instead of their actual birthday. To learn your age based on the Chinese calendar, click here for a nifty tool to do so.
What is the purpose of an Article 32 investigation?
The preliminary hearing, or “Article 32”, is a non-judicial proceeding designed to aid an authorized official in determining how to dispose of alleged misconduct.
What is the only crime defined in Article 3 of the Constitution?
Treason is a unique offense in our constitutional order—the only crime expressly defined by the Constitution, and applying only to Americans who have betrayed the allegiance they are presumed to owe the United States.
What is the history of Article 32?
Article 32: Originated from Dr. B.R. Ambedkar's vision during the Constituent Assembly debates. It ensures every citizen can enforce their fundamental rights through the Supreme Court.
What is the difference between writ of amparo and habeas data?
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.
What is writ jurisdiction in Article 32?
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
What is Section 32 of the Constitution?
Access to information
32. (1) Everyone has the right of access to— (a) any information held by the state; and (b) any information that is held by another person and that is required for the exercise or protection of any rights.