What does Article 32 of Indian Constitution say?

Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights. … constitutional weapons, known as ‘writs’, for the enforcement of such rights.

What does Article 32 say?

Article 32 in The Constitution Of India 1949. 32. Remedies for enforcement of rights conferred by this Part. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

Why Article 32 is the soul of the Indian Constitution?

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’.

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.

What is the Article 34?

Article 34 of the Constitution adopted in 1972, and amended in 2014, includes the following provisions on violence against women: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

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 Article 40?

Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

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.

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.

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’.

How many writs are there in 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 is the difference between article 32 and 226?

Article 32 empowers the Supreme Court to issue writ all over India. … Since, Article 32 is a fundamental right, the same cannot be refused by the Supreme Court. Article 226 confers Discretionary power to the High Court which means it is at the discretion of the High Court to issue a writ or not.

What are appropriate proceedings Article 32?

Article 32(1) provides for the right to move the Supreme Court by appropriate proceedings for the enforcement of the fundamental rights. The Supreme Court under Article 32(2) is free to devise any procedure for the enforcement of fundamental right and it has the power to issue any process necessary in a given case.

What is Article 21 of the Indian Constitution?

Article 21 of Constitution of India: Protection of Life and Personal Liberty. Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: Right to life, and. 2) Right to personal liberty.

Which right is called heart and soul?

the Right to Constitutional remedies Article 32 of the Indian Constitution that is the Right to Constitutional remedies is considered as ‘the heart and soul of the Constitution’.

What is the Article 340?

The article 340 of the Indian Constitution lays down conditions for the appointment of a Commission to investigate the conditions of backward classes.

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 martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.

What is the Article 44?

The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. …

Is Article 19 automatically suspended?

constitution. It means that as soon as the proclamation of emergency is made the freedoms guaranteed by Article 19 are automatically suspended. Normally, the rights guaranteed by Article 19 cannot be taken away or abridged by any law of parliament or state legislature.

Is article 32 part of basic structure?

Article 32 Is An Important And Integral Part Of Basic Structure Of Constitution: SC. Skill Lotto Solutions Pvt Ltd vs Union Of India that Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of rule of law.

What is the Article 352?

National emergency under Article 352 Originally at the beginning, National emergency could be declared on the basis of external aggression or war and internal disturbance in the whole of India or a part of its territory under Article 352.

What is the Article 41?

Article 41 of the Constitution provides that “the State shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”¹⁶ …

What is Article 36 A?

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

What is an Article 42?

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium.

What are the 7 fundamental rights of India?

Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.

What is the Article 139?

Article 139 Constitution of India: Conferment on the Supreme Court of powers to issue certain writs.

What does Article 33 say?

By article 33 of the Constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to …

What is in Article 31 A?

Article 31a of Indian Constitution. Article 31 of Indian Constitution gave the people of India the right to hold and dispose of their property as they see fit. By the 1st Constitutional Amendment of 1951, the Parliament added Article 31a to the Indian Constitution.

What is Article 31 A of Indian Constitution?

Art. 31-A, inserted by the Constitution First Amendment Act, 1951 with display effect, provides for acquisition of estates of the nature referred to in various clauses, declaring that such laws shall not be deemed void on the ground that they take away any of the rights given by Article 14 or 19 of the Constitution.

What does Article 31 say?

Article 31A in The Constitution Of India 1949. 31A. Saving of laws providing for acquisition of estates, etc ( 1 ) Notwithstanding anything contained in Article 13, no law providing for. (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or.