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Article 32 Of Indian Constitution In English
Article 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.
(2) 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.
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Article 32 In English
32 Article – Measures for enforcement of the rights conferred by this Part.
(1) The right to move the Supreme Court is guaranteed by appropriate proceedings for the enforcement of the rights conferred by this Part.
(2) The Supreme Court shall have power to issue directions or orders or writs including writs of the nature of habeas corpus, mandamus, prohibition, such as warrantos and commutation, as may be appropriate, for the enforcement of any right conferred by them. be suitable for this piece.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law grant to any other Court within the local limits of its jurisdiction all or any of the powers exercised by the Supreme Court. may be empowered to do so. Court under clause (2)
(4) The right guaranteed by this article shall not be suspended unless otherwise provided by this Constitution.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 32 Of Indian Constitution?
In Article 32 you see “Remedies for enforcement of rights conferred by this Part” that means (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) 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.
Article 32 Debate Summary
The Constituent Assembly took up Draft 25 for debate on 9 December 1948. The draft Article empowers citizens to approach the Supreme Court for constitutional remedies if their fundamental rights are violated. The assembly was unanimous about the importance of the article. The members referred to the provision in words that included ‘the clause of the crown’ and ‘the very soul … and the very heart of the constitution’.
However, some amendments were introduced. A member wanted to remove the mention of a specific writ in the provision. He felt that this would constrain the judges: they would not be able to develop new writs in the future. Another member was unhappy with the clause 4 that allowed suspension of the draft article during what he termed as a ‘dangerous situation’.
It was clarified that the specific writs mentioned in the provision had been in existence for a very long time in Great Britain, they have been tried and tested, and most lawyers, judges and jurists were familiar with them. It was further stated that it was almost impossible to rectify the existing writs and hence there was virtually no scope for new writs to emerge.
On the question of suspension of the draft Article, it was argued that it was appropriate to suspend or limit the Fundamental Rights during the Emergency as the life of the State was at stake. The draft article was adopted with some modifications.
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