What is the Article 32 of Indian Constitution?
Asked by: Emanuel Lubowitz | Last update: February 19, 2022Score: 4.8/5 (2 votes)
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 significance of Article 32?
Article 32 of the Indian Constitution is considered one the most important articles when it comes to the enforcement of the rights of an individual. It gives rights to an individual to seek justice in a court when they feel that their rights have been infringed or 'unduly deprived'.
What are the different kinds of writs under Article 32?
- Habeas Corpus.
- Mandamus.
- Prohibition.
- Certiorari.
- Quo-Warranto.
What are the five writs available to people under Article 32?
Thus powers of High Courts conferred under Article 226 are wider as compared to powers conferred on the Supreme Court under Article 32 of the Constitution of India. Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Who can apply under Article 32?
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.
5 Types of Writs | Constitutional Remedies | Article 32 and Article 226
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.
Who said Article 32 is the soul of Constitution?
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.
Can Article 32 be suspended?
What is Article 32? It is one of the fundamental rights listed in the Constitution that each citizen is entitled. ... 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.
Which of the following is not true of Article 32 of the Indian Constitution?
The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay. Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.
Which of the following is NOT a writ under Article 32 of the Constitution?
The correct answer is Severability. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
Why is Article 32 called the heart and soul of the Constitution of India?
Article 32 of the Indian Constitution provides remedies to individuals whose fundamental rights have been violated. ... Thus, Article 32 is the protector of the rights of the citizens of India and is regarded as the 'heart and soul of the constitution'.
Who is the soul of Indian Constitution?
It is also known as Right to Constitutional Remedies. Article 32 of the Indian Constitution has been described as the 'heart and soul' of the Indian Constitution by Dr B. R. Ambedkar.
Which right is called heart and soul?
Article 32 of the Indian Constitution that is the Right to Constitutional remedies is considered as 'the heart and soul of the Constitution'.
Who is the mother of Constitution?
Bhikaji Rustom Cama is known as the mother of the Indian Constitution. The Indian Constitution is the lengthiest and longest constitution in the world.
What is the 5 name of India?
India is known by many names - Jambudweepa, Al-Hind, Hindustan, Tenjiku, Aryavarta, and Bharat. One country, many names. Jai Hind! This was the battle cry that Nehru, like several other political leaders, used after his speeches.
Is Article 32 part of basic structure?
Article 32 Is An Important And Integral Part Of Basic Structure Of Constitution: SC. ... Article 32 is meant to ensure observance of rule of law. Article 32 provides for the enforcement of the fundamental rights, which is most potent weapon. There can be no denying it.
Which article is the heart of Indian Constitution?
Article 32 of the Indian constitution is called "Heart and soul" of the constitution. Dr. B.R Ambedkar termed this article by this name because this right allows people to directly go to the supreme court if their fundamental rights are violated. This article is placed under "Right to constitutional remedies".
Is preamble the soul of Indian Constitution?
It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is considered as the heart and soul of the Constitution.
What is the Magna Carta of Indian Constitution?
Part III of the Constitution is described as the Magna Carta of India. It contains a very long and comprehensive list of 'justiciable' fundamental rights. ... 'Magna Carta' is the Charter of Rights issued by King John of England in 1215 under pressure from the barons.
Who called the preamble of Constitution?
Detailed Solution. Ernest Barker said that the preamble of Indian Constitution is "the key note of the constitution". He was so moved by the preamble text that he quoted it when his popular book opening, Principles of Social and Political Theory (1951).
Which is known as mini Constitution?
One of the most significant amendments to the Indian Constitution is the 42nd Amendment Act of 1976. The Indian National Congress, led by Indira Gandhi, passed it at the time. This act is also known as the "Mini-Constitution" because of the enormous number of amendments it has made to the Indian Constitution.
Which country has the largest Constitution in the world?
Everyone knows India is the world's largest democracy. But did you know it also has the world's largest constitution? At 145,000 words, it is the longest written constitution of any sovereign state in the world.
Which right is heart and soul of our Constitution explain why is it so called?
Ambedkar called 'Article 32' of the Indian Constitution i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.