A S 25 June 2021
M V Gupta (Advocate) 25 June 2021
This is purely an academic question. Better read comentaries on constituion by H M Seervai or any other reputed author.
Dr J C Vashista (Advocate) 27 June 2021
What is your problem / concern / locus standi qua (NO) facts posted vis-a-vis question paper ?
T. Kalaiselvan, Advocate (Advocate) 29 June 2021
Article 21 of the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedures established by law. The state and its citizens have to take responsibility for the right to clean the environment because we live in this environment. It gives us shelter, food, water, light, etc. so we keep our environment safe and clean and pollution-free.
In this case of Subhas Kumar vs. The State of Bihar, the Court observed that the right to life guaranteed by Article 21 includes the right to the enjoyment of pollution-free water and air for a healthy life.
Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country's Apex Court in case of violation of Fundamental Rights.
Under Article 32, the parliament can also entrust any other court to exercise the power of the Supreme Court, provided that it is within its Jurisdiction. And unless there is some Constitutional amendment, the rights guaranteed by this Article cannot be suspended. Therefore, we can say that an assured right is guaranteed to individuals for enforcement of fundamental rights by this article as the law provides the right to an individual to directly approach the Supreme Court without following a lengthier process of moving to the lower courts first as the main purpose of Writ Jurisdiction under Article 32 is the enforcement of Fundamental Rights.
There are certain circumstances during which the citizens do not get the privileges which they ought to under Article 32. Therefore, the situations when the fundamental rights may be denied to the citizens but the constitutional remedies will not be available i.e. Article 32 will not be applicable are: