Question
Download Solution PDFWhich article of the Constitution of India guarantees the right to constitutional remedies?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- Article 32 of the Constitution of India guarantees the right to constitutional remedies.
- This article is a fundamental right that allows individuals to move the Supreme Court (and High Courts) to seek enforcement of other fundamental rights.
- Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul" of the Constitution because it ensures the protection of fundamental rights.
- Under Article 32, the Supreme Court is empowered to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce the rights.
- It reflects the importance placed on judicial review and the protection of individual rights within the Indian legal framework.
Additional Information
- Article 32 is part of Part III of the Constitution, which deals with Fundamental Rights.
- Part III spans Articles 12 to 35, covering various rights like equality, freedom, exploitation, religion, culture, and education.
- Article 32 cannot be suspended except by the procedure prescribed by the Constitution, making it a critical element of the Indian judicial system.
- Other articles in Part III also provide specific protections, but Article 32 provides the means to enforce them.
- This article ensures that the judiciary acts as a guardian of the Constitution and the fundamental rights of the citizens.
Last updated on Jul 1, 2025
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