What does Article 32 of Indian Constitution say?

What does Article 32 of Indian Constitution say?

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the …

What are the writs under Article 32?

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

What remedies can be enforced under Article 32 of Indian Constitution?

Article 32 of the Constitution of India confers power on the Supreme Court to issue direction or order or writ, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III of the …

What is the difference between Article 32 and 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. Since, Article 32 is a fundamental right, the same cannot be refused by the Supreme Court.

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.

What is the scope of Article 32?

Introduction: 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 four provisions given in Article 32?

It states that the Supreme Court “shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”.

Is Article 32 suspended during emergency?

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

What is the Article 342?

Article 342 provides for specification of tribes or tribal communities or parts of or groups within tribes or tribal communities which are deemed to be for the purposes of the Constitution the Scheduled Tribes in relation to that State or Union Territory.

Is Article 34 a fundamental right?

Article 34: It provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India. The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.

Is Article 31 a fundamental right?

Article 31 provided that “no person shall be deprived of his property save by authority of law.” It also provided that compensation would be paid to a person whose property has been taken for public purposes. The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.