Question . Which Article deals with ‘ Right to constitutional Remedies’ .
(A) Article 32
(B) Article 35
(C) Both a and b
(D) None of these
Answer – ( a )
Explanation-
- Why in news – Recently a Supreme Court Bench headed by Chief Justice of India S. A. Bobde
- observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution in a plea seeking the release of Kerala-based journalist Siddique Kappan Alleged for planning to incite caste based violence.
- About – It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
- Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
- It states that the Supreme Court “shall have power to issue directions or orders or writs, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”.
- Types of Writs –
- Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
- Mandamus — directing public officials, governments, courts to perform a statutory duty;
- Quo warranto — to show by what warrant is a person holding public office;
- Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
- Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
By:Arpit Mishra
Link:
https://thewire.in/rights/supreme-court-article-32-ambedkar-arnab-goswami
https://indianexpress.com/article/explained/article-32-and-supreme-court-fundamental-rights-7055040/