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power of supreme court under article 32

Posted by jobseeker Chanchal Bhati | Approved
Answers (2)

Article 32 of the Indian Constitution grants the Supreme Court the power to issue directions, orders, or writs for the enforcement of fundamental rights. This includes the power to issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari. It essentially provides a direct avenue for individuals to approach the Supreme Court to seek redress for violations of their fundamental rights.
Key aspects of Article 32:
Right to Constitutional Remedies:
Article 32 is itself a fundamental right, guaranteeing citizens the right to move the Supreme Court for the enforcement of their fundamental rights.
Original Jurisdiction:
This article confers original jurisdiction on the Supreme Court, meaning individuals can directly approach the Supreme Court without needing to exhaust other legal avenues.
Writs:
The Supreme Court can issue various writs to enforce fundamental rights. These include:
Habeas Corpus: To ensure a person is not detained unlawfully.
Mandamus: To compel a public official to perform a legal duty.
Prohibition: To prevent a lower court from exceeding its jurisdiction.
Quo Warranto: To inquire into the legality of a person's claim to a public office.
Certiorari: To quash an order passed by a lower court or tribunal.
Parliamentary Power:
Parliament can empower other courts to exercise similar powers, but the Supreme Court's power under Article 32 remains a fundamental right.
Guardian of Fundamental Rights:
The Supreme Court acts as the guardian of fundamental rights, ensuring that they are not violated by the state or other individuals.
Judicial Review:
Article 32 also reinforces the concept of judicial review, allowing the Supreme Court to examine the constitutionality of laws and executive actions.
Finality of Decisions:
Supreme Court judgments under Article 32 are generally final, and cannot be challenged through a writ petition under the same article.

Answered by jobseeker Chanchal Bhati | Approved

Article 32 is the most important fundamental right of the Indian constitution, it is called as the sole of the constitution( by B. R. Ambedkar). This article is used for the implementation of the fundamental rights for the public and also empowers the supreme court for the legal remedies to the aggrieved people.
This empowers the supreme court in five ways:
1. Habeas Corpus-To produce a detained person before the court and justify the detention.
2. Mandamus-Directs a public official to perform a duty.
3. Prohibition-Orders a lower court to stop proceedings beyond its jurisdiction.
4. Certiorari-Quashes an order passed by a lower court.
5. Quo Warranto -Questions the authority of a person occupying a public office without legal sanction.
This empowers the supreme court in five ways:
1

Answered by jobseeker RUDRAPRATAP SINGH | Approved

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