Article 32 (4) .
Querist :
Anonymous
(Querist) 12 June 2011
This query is : Resolved
Elaborate the views also with the case laws.
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Question: Article 32 (4) this article shall not be suspended except as otherwise provided for by this constitution. So under our Indian constitution can we suspended the article 32 during the whether emergency or the whole.
Artilce 32 (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
So whether Artilce 32 it is a fundamental right as per Indian constitution Part – III?
Thanks To All LD Members.
Raj Kumar Makkad
(Expert) 13 June 2011
Yes. Art. 32 is fundamental right of citizen and you have also narrated its version.
