What is the significance of Article 32 of the Indian Constitution, often referred to as the “heart and soul” of the Indian Constitution, in ensuring the enforcement of fundamental rights and the protection of citizens’ constitutional remedies?
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We know that Article 32 of the Indian Constitution is indeed often referred to as the heart and soul of the Constitution mainly for this reason of it fashioning the machine for the realization of the fundamental rights. Here’s its significance:
1. Enforcement Mechanism: Article 32 empowers the people to move straight to Supreme Court in case of infringement of their fundamental rights. This way, one is assured that the essence of the basic rights and freedoms has a pragmatic expanse in the systems of law.
2. Writ Jurisdiction: The article also gives the Supreme Court the power to grant writs of habeas corpus or the unlawful confinement of a person, mandamus, which compels the performance of a public function, prohibition, this bars an inferior court from assuming powers that it does not possess, quo warranto, to affect the validity of a holder’s office, and certiorari, for the review of lower court’s decisions. These writs are some of the powerful orders of the law that can be used to vindicate rights and compel lawful behavior.
3. Judicial Oversight: Article 32 merely underlines the fact that the Supreme Court will always be there to safeguard the citizens fundamental rights whenever these rights appear to have been violated.
4. Constitutional Remedy: This it emphasizes the point that the fundamental rights are not mere visionary goals and objectives, do not come with just window dressing but do have the legal backing; and that makes the protection of these rights more concrete and stronger.
Therefore, Article 32 can be regarded as a foundation of the Indian Constitution’s obligations in terms of protecting individuals’ rights and justice, as it contributes an efficient mechanism for enforcing the fundamental rights proactive.
We know that Article 32 of the Indian Constitution is indeed often referred to as the heart and soul of the Constitution mainly for this reason of it fashioning the machine for the realization of the fundamental rights. Here’s its significance:
1. Enforcement Mechanism: Article 32 empowers the people to move straight to Supreme Court in case of infringement of their fundamental rights. This way, one is assured that the essence of the basic rights and freedoms has a pragmatic expanse in the systems of law.
2. Writ Jurisdiction: The article also gives the Supreme Court the power to grant writs of habeas corpus or the unlawful confinement of a person, mandamus, which compels the performance of a public function, prohibition, this bars an inferior court from assuming powers that it does not possess, quo warranto, to affect the validity of a holder’s office, and certiorari, for the review of lower court’s decisions. These writs are some of the powerful orders of the law that can be used to vindicate rights and compel lawful behavior.
3. Judicial Oversight: Article 32 merely underlines the fact that the Supreme Court will always be there to safeguard the citizens fundamental rights whenever these rights appear to have been violated.
4. Constitutional Remedy: This it emphasizes the point that the fundamental rights are not mere visionary goals and objectives, do not come with just window dressing but do have the legal backing; and that makes the protection of these rights more concrete and stronger.
Therefore, Article 32 can be regarded as a foundation of the Indian Constitution’s obligations in terms of protecting individuals’ rights and justice, as it contributes an efficient mechanism for enforcing the fundamental rights proactive.
Article 32 of the Indian Constitution plays a crucial role in guaranteeing the upholding of citizens’ constitutional remedies and the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Constitution, this article holds immense significance in the Indian legal and political landscape.
In essence, Article 32 of the Indian Constitution serves as the bedrock for the protection and enforcement of fundamental rights, ensuring that the promise of a just and equitable society enshrined in the Constitution is realized in practice. It has been a vital tool in the hands of the judiciary to safeguard the rights and freedoms of Indian citizens against potential infringement by the state.