Polity EP 15 Fundamental Rights | Article 32 Right to constitutional remedies | Constitution | UPSC podcast | laxmikant
Welcome back to THE IAS COMPANION! Today, we delve into the cornerstone of our constitutional framework: the Right to Constitutional Remedies, enshrined within Article 32 of our Constitution. Let's unravel its intricacies:
Essence of Article 32: Article 32 is hailed as the soul and heart of our Constitution, empowering every citizen to seek redressal for the infringement of their fundamental rights.
Provisions of Article 32: It guarantees the right to move the Supreme Court for the enforcement of fundamental rights and vests expansive powers in the Supreme Court to issue various writs.
Judicial Interpretation and Significance: The Supreme Court has affirmed Article 32 as a basic feature of the Constitution, endowing it with wide-ranging powers to protect fundamental rights.
Scope and Limitations: Article 32 is exclusively for enforcing fundamental rights and requires a direct violation of a fundamental right for its invocation.
Concurrent Jurisdiction with High Courts: While the Supreme Court has original jurisdiction, high courts under Article 226 coexist, providing flexibility in seeking legal recourse.
Writs – Types and Scope: Writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto serve as potent tools for protecting individual rights and upholding the rule of law.
In essence, Article 32 exemplifies our nation's commitment to justice, liberty, and the rule of law. It ensures equitable access to legal remedies and upholds the sanctity of fundamental rights. As we uphold these values, let's continue to illuminate the path to a more equitable and inclusive society. Thank you.
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