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VOL. 4, ISSUE 4 (2022)
Constitutional remedies under article 32 and 226: An overview
Authors
Ravi
Abstract
Fundamental Rights are essential for the moral and material development of the people. It is fundamental rights which help develop the people’s best self and personality. These rights are guaranteed by the Constitution of India. Moreover, these rights are justifiable too. The Constitution provides for the courts to protect and safeguard them in case of any infringement. The concept of Fundamental Rights, being indispensable for the full and complete development of the human personality, has been discussed at length under this Article. Dr. Ambedkar referred to Article 32 as the "spirit of the constitution and exceptionally heart of it." The Supreme Court has included it into the fundamental structural regulation. Furthermore, with the exception of usually provided by the Constitution, the right to petition the Supreme Court cannot be interrupted. This implies that, under Article 359, this prerogative is suspended during a national crisis. Article 32 designates the Supreme Court as the protector and guarantor of fundamental rights. Furthermore, the Apex Court retains original jurisdiction over the power to issue writs. This means that an individual may contact SC directly for a cure rather than through an appeal. Article 32 can only be invoked to get redress for basic rights established in Articles 12- 35. It does not exist for any other legal right for which many laws are available. Right to Constitutional Remedy is the most important right of the Indian Constitution. This is the 6th and the last Fundamental Right of the Indian Constitution. Article 32 deals with the right to constitutional remedy. This right is giving the power to every person to move to the Supreme Court on the infringement of any of his Fundamental Rights under Article 32. They also have an option to move to high court under Article 226 of the Indian Constitution. This Article is made a part of the basic structure of the Indian Constitution.
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Pages:1-5
How to cite this article:
Ravi "Constitutional remedies under article 32 and 226: An overview". International Journal of Law, Policy and Social Review, Vol 4, Issue 4, 2022, Pages 1-5
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