What Is The Importance Of Article 32 And Article 226 Of The Indian Constitution?

by | Last updated on January 24, 2024

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Article 32 is a fundamental right which empowers the Supreme court to issue direction, order, and writs . Article 226 is the constitutional right which empowers High court to issue a direction, order, and writs for enforcement of fundamental and other legal rights.

What is the importance of Article 32 and 226?

Article 32 empowers the Supreme Court to issue writ all over India . Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.

What is the importance of Article 32?

Article 32 of the Indian 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'.

Why Article 32 is the most important article of Indian Constitution?

It is one of the fundamental rights listed in the Indian Constitution that each citizen is entitled. Article 32 deals with the ‘ Right to Constitutional Remedies ‘, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.

What is the Article 32 of Indian Constitution?

Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens . It allows all the Indian citizens to move to the country's Apex Court in case of violation of Fundamental Rights.

Why Article 32 is the soul of the Indian Constitution?

The article is included in Part III of the Indian Constitution along with other rights like the right to life and personal liberty, right to free speech and expression, etc. ... 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'.

What is the importance of Article 226?

Article 226 of the constitution, confers the High Courts' wide powers to issue orders and writs to any person or authority . Before a writ or an order is passed, the party approaching the court has to establish that he has a right and that right is illegally invaded or threatened.

What is the meaning of Article 32?

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.

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 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 .

What are the four provisions given in Article 32?

Article 32 of the Constitution of India confers power on the Supreme Court to issue direction or order or writ, 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 Part III of the ...

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.

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 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.

Which is the latest fundamental right?

Right to information has been given the status of a fundamental right under Article 19(1) of the Constitution in 2005.

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.

Juan Martinez
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Juan Martinez
Juan Martinez is a journalism professor and experienced writer. With a passion for communication and education, Juan has taught students from all over the world. He is an expert in language and writing, and has written for various blogs and magazines.