Right To Constitutional Remedies (Articles 32 – 35)


Contents

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32. Remedies for enforcement of rights conferred by this Part.

  • (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
  • (2) The Supreme Court shall have power to issue directions or orders or writs, 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 this Part.
  • (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
  • (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

This article (32)

  • was called the “soul of the constitution and very heart of it” by Dr. B.R. Ambedkar.
  • makes the Supreme Court the defender and guarantor of the fundamental rights.
  • can be invoked only to get a remedy related to fundamental rights. It is not there for any other constitutional or legal right for which different laws are available.
  • has been included by Supreme Court in basic structure doctrine.

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33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

[Substituted by the Constitution (Fiftieth Amendment) Act, 1984]

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, —

  • (a) the members of the Armed Forces; or
  • (b) the members of the Forces charged with the maintenance of public order; or
  • (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
  • (d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

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34. Restriction on rights conferred by this Part while martial law is in force in any area.

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 law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

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35. Legislation to give effect to the provisions of this Part.

Notwithstanding anything in this Constitution, —

  • (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws —
    • (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
    • (ii) for prescribing punishment for those acts which are declared to be offences under this Part;and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
  • (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.

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Explanation

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References : http://lawmin.nic.in

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