Malcolm Rivera
The Indian Constitution is considered the Soul of India by many, as it embodies the values of liberty, equality, and fraternity. The architect of the Indian Constitution, Dr. B.R. Ambedkar, considered the Right to Constitutional Remedies, or Article 32, to be the heart and soul of the Constitution. This article allows individuals to move to the Supreme Court if their fundamental rights are denied and grants the Supreme Court the power to issue orders or writs for the enforcement of these rights.
Explore related products
What You'll Learn
Right to Constitutional Remedies
According to the architect of the Indian Constitution, Dr BR Ambedkar, the Right to Constitutional Remedies is the 'heart and soul' of the Constitution. This right is enshrined as a fundamental right in Article 32 of the Indian Constitution, which is included in Part III.
The Right to Constitutional Remedies empowers citizens to seek legal remedies from the Supreme Court and High Courts for the enforcement of their fundamental rights. It allows individuals to move to the Supreme Court if any of their fundamental rights, as guaranteed by the Constitution, are violated. This right is significant as it provides a legal mechanism for the enforcement of the fundamental rights of citizens, making these rights meaningful and effective.
Article 32 outlines the power of the Supreme Court to issue directions, orders, or writs for the enforcement of any of the fundamental rights. The Supreme Court can issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. These writs serve as formal written orders to enforce fundamental rights and correct legal wrongs. The right to constitutional remedies directly links to judicial review, which allows courts to assess the constitutionality of laws and actions.
The High Courts also play a crucial role in enforcing fundamental rights. Article 226 grants High Courts the power to issue writs for the enforcement of all rights, including fundamental rights, constitutional rights, and other legal rights. This article ensures that individuals can approach the High Courts for the implementation of their fundamental rights and other lawful rights.
The Right to Constitutional Remedies is essential for justice, accountability, and the protection of individual rights in a democratic society. It enables citizens to seek redress for the violation of their rights, safeguarding their liberties and ensuring the rule of law.
Memorizing India's Constitution for Competitive Exam Success
You may want to see also
Article 32
Habeas Corpus is a writ issued to ensure the release of a person who has been unlawfully detained. It serves as a check on the government's powers to curtail an individual's liberty. Mandamus is a writ of command issued when a government, court, corporation, or public authority fails to perform a public duty. Prohibition is issued to lower courts or tribunals to prevent them from acting beyond their authority. Quo Warranto is a writ questioning an individual's right to hold an office, and Certiorari is issued to quash an order passed by an inferior court or tribunal.
The right to constitutional remedies under Article 32 is a fundamental right itself. It cannot be suspended except as otherwise provided by the Constitution. This right gives individuals direct access to the Supreme Court, bypassing the need for an appeal. The Supreme Court's powers in this regard are wide and original but not exclusive, meaning they are concurrent with those of other courts, such as the High Courts.
Sexual Harassment: Understanding India's Laws and Definitions
You may want to see also
Part III of the Indian Constitution
Articles 12 to 35, contained in Part III of the Constitution, deal with Fundamental Rights. These include the Right to Equality, such as equality before the law, and the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. It also includes equality of opportunity in matters of employment.
The Right to Freedom is another Fundamental Right, encompassing freedom of speech and expression, assembly, association or union, movement, residence, and the right to practice any profession or occupation. Some of these rights are subject to the security of the state, friendly relations with foreign countries, public order, and decency or morality.
The Right Against Exploitation is also included in Part III, prohibiting all forms of forced labour, child labour, and human trafficking.
Article 32, also known as the Right to Constitutional Remedies, is included in Part III. This article gives individuals the right to move to the Supreme Court if they are being denied their Fundamental Rights guaranteed in the Constitution. The Supreme Court has the authority to issue orders or writs to enforce these rights.
The rights guaranteed by Article 32 cannot be suspended except as otherwise provided by the Constitution. The Fundamental Rights enshrined in Part III of the Indian Constitution form the core values and principles that guide the country's laws and governance, making it the soul of the Constitution.
The Long Road to India's Constitution
You may want to see also
Explore related products
Supreme Court's role
The Supreme Court of India is the country's highest judicial court and the final court of appeal. It was established through an enactment passed in pre-independent India, with the introduction of the Regulating Act, 1773. The first Supreme Court started its function as a court of record in Calcutta, and the first Chief Justice was Sir Elijah Impey. The court was established to resolve disputes in Bengal, Orissa, and Patna.
The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and seven puisne Judges. The number of judges has since been increased by Parliament, and there are now 34 judges, including the Chief Justice of India (CJI). The judges sit in benches of two or three (called a Division Bench) or in benches of five or more (called a Constitutional Bench) when there are matters of fundamental questions of law to be decided. The Supreme Court of India has the power to consult the President to regulate the practice and procedure of the Court.
The Supreme Court has a wide appellate jurisdiction over all Courts and Tribunals in India. It may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence, or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The Supreme Court also has special advisory jurisdiction in matters that may be specifically referred to it by the President of India under Article 143 of the Constitution.
The Supreme Court gives the final verdict against an appeal from other subsidiary courts, i.e., High Courts. It takes up appeals against the verdicts of the High Courts, other courts, and tribunals. It settles disputes between various government authorities, between state governments, and between the centre and any state government. It also hears matters that the President refers to it in its advisory role. The Supreme Court can also take up cases suo moto (on its own). The law declared by the Supreme Court is binding on all the courts in India and on the Union as well as the state governments.
The Supreme Court has Judicial Review power, vested through Article 13 of the Constitution. This means the Supreme Court has the power to strike down any legislation and executive action if such acts are found to be inconsistent with the Constitution of India.
Under Article 32 of the Constitution, citizens of India can directly seek remedy through writs if their fundamental rights are violated. The Supreme Court has the right to issue orders or writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for the enforcement of the rights.
The Supreme Court also has the power to punish for contempt of Court, including the power to punish for contempt of itself, under Articles 129 and 142 of the Constitution.
Understanding India's Controversial Section 66A
You may want to see also
Fundamental Rights
The Fundamental Rights enshrined in the Indian Constitution are the basic human rights guaranteed to all citizens of India. These rights are mentioned in Articles 12–35 of the Constitution, which falls under Part III. There are six fundamental rights, including the Right to Equality, Right to Freedom of Religion, and Cultural and Educational Rights. These rights are enforceable by the courts and are applied without discrimination based on race, religion, gender, etc.
The Fundamental Rights guarantee civil liberties, allowing all Indians to lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are essential for all-round development, including material, intellectual, moral, and spiritual development. They are also protected by the fundamental law of the land, i.e., the Constitution.
The origins of these rights can be traced back to England's Bill of Rights, the United States Bill of Rights, and France's Declaration of the Rights of Man. The first demand for fundamental rights in India came in the form of the "Constitution of India Bill" in 1895, also known as the Swaraj Bill. This bill emerged during the rise of Indian nationalism and the increasing demands by Indians for self-government. It included the right to freedom of speech, right to privacy, and right to franchise, among others.
The Right to Constitutional Remedies, as defined in Article 32, is considered the heart and soul of the Constitution by Dr B. R. Ambedkar, the architect of the Indian Constitution. This article gives individuals the right to move to the Supreme Court if their fundamental rights are denied. The Supreme Court has the authority to issue orders or writs to enforce these rights.
The Journey of a Bill in Indian Constitution
You may want to see also
Frequently asked questions
The Right to Constitutional Remedies, also known as Article 32, is referred to as the soul of the Indian Constitution.
Article 32 protects the fundamental rights of Indian citizens. It allows individuals to move to the Supreme Court if their fundamental rights are violated.
Fundamental rights protected by Article 32 include the right to life and liberty, and the right to free speech.
