What is the meaning of Article 32?

Asked by: Ewell Lebsack Jr.  |  Last update: July 26, 2022
Score: 5/5 (20 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 importance 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'.

Who can use 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 an Article 32 in the Army?

An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial.

What is an Article 32 officer?

In an Article 32 hearing, an appointed Preliminary Hearing Officer (PHO) considers the case (witnesses and evidence) and makes non-binding recommendations about his/her view of whether probable cause exists, how the case was, or should, be charged, and how the case should be resolved (a court-martial or some other ...

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

33 related questions found

What happens after an Article 32?

What Happens After An Article 32 Hearing? Once the Article 32 officer drafts the report, which can take anywhere from one to ten days, it is provided to the Commanding General, whom we refer to as the General Court-Martial Convening Authority.

What happens after an Article 32 hearing?

Once this hearing is complete, the investigating officer will file a written report which will address all legal issues raised in the case and includes recommendations on how the charges should be handled. This may include a dismissal of charges or a request for a general court martial.

What is Title 32 status National Guard?

Title 32 Full-Time National Guard Duty

32 USC 502 (f): This statue allows member of the National Guard to be ordered to full-time National Guard duty to perform operational activities. It was used for the Airport Security mission after 9/11 and also for Hurricane Katrina and Rita response effort.

What is a Article 15 in the Army?

It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander's.

What is an Article 31?

Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.

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.

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.

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.

Why is Article 32 called the heart and soul of the Constitution of India?

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.

Why is Article 32 A heart and soul of the 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'.

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.

What is an Article 13 in the military?

Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier's presence at trial.

What is an Article 92?

Article 92 defines disobeying a direct order as three types of offenses - violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.

Can officers lose rank?

This occurs often in the U.S. military, to three- or four-star general or flag officers, who can be reduced in rank to no lower than their permanent rank of two-stars, as all ranks above two-stars are temporary, and are linked to their position's office.

What does Title 32 orders mean?

Activation under Title 32 U.S.C. means that your state's governor has been authorized or directed by the president to mobilize or activate the National Guard in your state. You perform on active duty under state control, but with pay and benefits provided by the federal government.

Is Title 32 active duty orders?

Federal authority over National Guard members falls under Title 32 of the U.S. Code. This is considered federal active duty for specific state missions and full-time Guard positions.

Can a governor call out the National Guard?

Most of the time, state National Guards are commanded by governors. However, presidents have the authority to call them into service to respond to hurricanes, bolster border security, and assist in overseas military operations.

What is a special court-martial?

A special court-martial is an intermediate level composed of either a military judge alone, or at least three members and a judge. An enlisted service member may ask that at least one-third of the court members be enlisted. There is both a prosecutor, commonly referred to as the trial counsel, and a defense counsel.

What is an Article 39a?

A session of a court-martial called by the military judge either before the members (jurors) are seated or, after that phase of the trial has begun, without the members of the court being present. Article 39a sessions are used to dispose of matters not amounting to a trial of the accused's guilt or innocence.

What is Article 34 of the UCMJ?

Advice to convening authority before referral for trial. a court-martial would have jurisdiction over the accused and the offense.