Right to Constitutional Remedies : Articles 32 – 35

Fundamental Rights: Article 12 – 35

Under fundamental rights we discussed various rights from article 12 to 35. we have 6 fundamental rights which are shown below with their links. click the links to read them - 

1. Right to Equality : Article 14 - 18
2. Right to Freedom : Article 19 - 22
3. Right Against Exploitation : Article 23 – 24
4. Right to Freedom of Religion : Articles 25 – 28
5. Rights Related to Culture And Education : Articles 29 – 30
6. Right to Constitutional Remedies : Articles 32 

Right to Constitutional Remedies : Articles 32 – 35

In order to effectively enforce the fundamental rights, the right to constitutional remedies was added to the constitution. Dr. Bhim Rao Ambedkar called this right the basic soul and heart of the constitution. The fundamental rights have been given by the constitution not only against the executive but also against the legislature.

Surrogacy     ,         Surrogacy Regulation Bill

Article – 32 : Remedies to Enforce The Rights Conferred

1. According to this, the right to enforce fundamental rights is itself a fundamental right. If any law or work violates any section of the fundamental right, then the Supreme Court (Supreme Court) can be approached directly under Article 32.
2. The court will have the right to issue orders, directions or writs for the protection of fundamental rights. In this regard, he can issue Habeas Corpus, Mandamus, Quo-Warranto, Prohibition and Certiorari.
1. Habeas Corpus (  बंदी प्रत्यक्षीकरण )
• If a person or a group of persons is found to be illegally detained, the court may order them to be produced before it, so that the reasons for the detention can be examined. After that the court can issue an order to free them. This order can be issued to the state and its officers as well as to any other person.
2. Mandamus ( परमादेश  )
• This is a high order through which public officials are bound to perform their legal duty so that the fundamental rights can be protected. This order is not only against the state, its officials but also against the government itself and the subordinate courts. And it is also issued against judicial institutions, but it cannot be issued against any private institution and person.
3. Quo – Warranto (  अधिकार – पृच्छा  )
• Through this, the court can ask a public official that by what authority he is working on that post. If his claim is not confirmed by the public officer, he can be prevented from working in that post by the court. This order can be issued only to the officer appointed to the public post, not against the person holding the post till offering.
4. Prohibition ( प्रतिषेध )
• This is a judicial writ. It is an injunction issued by the Supreme or High Court to its subordinate courts. If a subordinate court is acting outside its jurisdiction or violating any law, then a writ of prohibition can be issued. In this, all the documents of the case can be examined by the Supreme or High Court. are | These writs are issued at the time when proceedings are going on in a case, but no order related to it has been given.
5. Certiorari ( उत्प्रेषण )
• This is also a judicial writ. It is also issued by the Supreme or High Court to its subordinate courts. If a subordinate court is acting outside its jurisdiction or violating any law, then the writ of extradition can be issued. These writs are issued when an order has been issued in a matter. Through this also all the documents related to the case can be examined by the Supreme Court or the High Court by calling it.
3. Parliament can also give the power to exercise the right of constitutional remedies to any other courts.
4. According to this the rights conferred by this article cannot be suspended by any other provision or article of the constitution. According to the Supreme Court, it indicates the basic structure of the constitution, hence it cannot be taken away or abolished even by constitutional amendment.

Green Hydrogen : A Source of Renewable Energy

Article – 33 : Limiting Fundamental Rights For Armed Forces And Essential Works

By this, the Parliament will have the right to limit the fundamental rights reasonable by law for the discharge of duties and maintenance of discipline in the armed forces and essential services.

Article – 34 : Restriction On The Rights Conferred By This Part When Military Law is in Force in Any Area

According to this, when military law or martial law is applicable anywhere in the territory of India, then the fundamental rights can be limited for the implementation of military rights and for the security of the state. In some cases, the citizens there are sentenced to death for breaking the martial law.

Article – 35 : Power to Make Laws to Give Effect to Fundamental Rights

According to this, the Parliament of the Union will have the power to make laws to make the fundamental rights effective, not the State Legislature.

 

Drainage System and Drainage Pattern