What Does Article 32 Say?

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 ….

Why Article 32 is the soul of the Indian Constitution?

In fact, the right to get the Fundamental Rights protected is in itself a fundamental right. Dr. Ambedkar called Article 32 as the most important article of the Constitution – ‘an Article without which this constitution would be a nullity. Because it is the soul of the Constitution and also the very heart of it’.

Is Article 32 available for foreigners?

Article 32 of the Indian Constitution confers ‘mandatory power’ on the Honorable Supreme Court of India to issue writs in case of violation of the Fundamental Rights (FRs). … by law or constitution). And some of the FRs are available for both citizens and foreigners (or non- citizens) and not enemy aliens.

What’s a mandamus?

A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete. A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.

Is Article 32 suspended during emergency?

Answer. Further, it is made clear that right to move to Supreme Court cannot be suspended except otherwise provided by the Constitution. This implies that this right suspended during a national emergency under article 359. … Article 32 can be invoked only to get a remedy related to fundamental rights.

What is the Article 39?

According to Article 39A of Indian constitution the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid. Certain principles of policy to be followed by the State.

What is 35 A?

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to them.

What is the significance of Article 32?

Significance of article 32: This article makes the Supreme Court both the guarantor and defender of fundamental rights. This article provides right to anyone to approach the Supreme Court or High Court for a remedy against the breach of fundamental rights (for herself or anyone else).

What is Article 34 A?

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial …

What is the difference between Article 32 and Article 226?

Article 226 provides a parallel right to the High Courts. However, a major difference between the power endowed by Article 32 and Article 226 is that while Article 32 can be invoked only in case of a breach of Fundamental Rights, Article 226 can be invoked for “any other purpose also” [1] .

What is the Article 17?

Abolition of untouchability: Article 17 of the constitution abolishes the practice of untouchability. … The Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights Act in 1976) provided penalties for preventing a person from entering a place of worship or from taking water from a tank or well.

What is Article 37 A?

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

What does Article 12 say?

“Definition in this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

What is the Article 32 of Constitution?

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 is the Article 25?

Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.” Further, Article 26 says that all denominations can manage their own affairs in matters of religion.

What is the Article 29?

Article 29 – Protection of Interests of Minorities Article 29(1): This provides all citizen groups that reside in India having a distinct culture, language, and script, the right to conserve their culture and language. … This right is given to individuals and not any community.

What does Article 36 say?

The State shall aim for securing right to an adequate means of livelihood for all citizens, both men and women as well as equal pay for equal work for both men and women.

What is Article 30 and 30a?

Article 30 of the Indian constitution grants many rights to the religious or linguistic minorities in the country. … These posts claim that article 30A prohibits the teachings of Bhagvat Gita, Vedas and Puranas in the Indian schools while article 30 allows the teaching of the Quran, the Hadis in the Madarsa.