Article 32 of Indian Constitution
By: Tannu | 6 july, 2023
Article 32 of Indian Constitution
By: Tannu | 6 july, 2023
Abstract:- The main abstract of this article is throw light on the area of Article 32 of indian constitution. Article 32 of indian constitution gives rights to the citizens of india to seek justice if they believe their fundamental rights have been violated. The other name we can say to Article 32 is “Writs”.
Introduction:- Article 32 of indian constitution is fundamental right. Fundamental rights are given under part 3 of our constitution from Article 12 to Article 35. Article 32 guarantees the right to constitutional remedies. In case of any fundamental right is infringed, the aggrieved can approach the court for enforcement of fundamental rights.
Article 32 of Indian Constitution:- Article 32 is considered as the backbone of the Indian Constitution. Article 32 is powerful provision grant to citizens for the protection of their fundamental rights. It gives us the right to move Supreme Court, in case of violation of fundamental rights.( POWER TO ISSUE WRITS).
· A person can only approach to Supreme Court under Article32 .
· A person can approach to High court if one of the Fundamental Right is violated under ARTICLE226.
ARTICLE 32 IS ONLY FOR INDIAN CITIZENS.
Article 32 has Four parts:-
1. An aggrieved person can move to Supreme court for legal remedy.
2. Supreme court has the power to issue “WRITS”.
3. The parliament may empower any other court to act as the protector of such rights.
4. Exception of this, Remedy of fundamental rights can’t be exercised during emergency.
BY DR. BR AMBEDKAR :- “ARTICLE 32 IS HEART AND SOUL OF INDIAN CONSTITUTION”.
Writs:- ( Concept of writs) :-
A writ is written official order, document that allows citizens of india to directly approach the supreme court for the protection of their fundamental rights. Overall, writ under article 32 is a legal tool for any individual.
There are 5 types of writs:-
1. Habeas corpus :- (latin term)
It means “you may have the body”. This writ commands a public official to deliver a detained person before court and stated reasons for his detention. It allows the court to check the legality of the detention.
2. Writ of Mandamus:-(latin term)
Means “ we command”. This writ is issued by superior court/ High court to public officials , government authority to perform their official duties correctly.
3. Writ of prohibition:-
Means “ to forbid or stay orders”. This writ is issued to the court or any tribunal to stop them from doing something ( beyond jurisdiction act). It is issued by higher court to lower court.
4. Writ of Certiorari:- latin term
Means “to be informed”. This writ is issued by superior court and high court to review the decision of lower court and tribunal. It is usually issued to quash the judgment of that court.
5 writ of quo warranto :-
Means “ by what authority”. This writ is issued to check the eligibility and qualifications of public official ( who holding the office). Court can remove that person’s if found illegal way.
Conclusion:-
So, we can say that Article 32 of indian constitution gives you the remedy to protect your fundamental rights in case of any violation. It allows you to go to the supreme court and high court, if anyone is infringing your rights. It is very good and strong tool that helps you to fight for your rights encourage to live in a fair society.
Reference:-
https://indiankanoon.org/doc/981147/.
https://www.scribd.com/document/487582321/Mp-Jain-Indian-Constitutional-Law