Question
Download Solution PDFThe Supreme Court can issue writs under Article 32 only for which specific purpose?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is To protect Fundamental Rights.
Key Points
- Article 32 of the Indian Constitution provides the right to Constitutional Remedies, empowering the Supreme Court to issue writs for the enforcement of Fundamental Rights.
- Writs under Article 32 include Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, ensuring the protection of Fundamental Rights.
- Dr. B.R. Ambedkar described Article 32 as the "heart and soul" of the Constitution, emphasizing its significance in safeguarding citizens' rights.
- Only the Supreme Court can issue writs under Article 32, while High Courts can issue writs under Article 226 for broader purposes, including legal rights.
- Article 32 is considered a cornerstone of the judiciary's role in maintaining checks and balances in India's democratic framework.
Additional Information
- Fundamental Rights: These are guaranteed under Part III of the Indian Constitution and include rights such as the Right to Equality, Right to Freedom, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
- Types of Writs:
- Habeas Corpus: To release a person unlawfully detained.
- Mandamus: To compel a public authority to perform its legal duty.
- Prohibition: To prevent lower courts from exceeding their jurisdiction.
- Quo Warranto: To challenge the legality of a person's claim to a public office.
- Certiorari: To transfer a case from lower courts to higher courts for review.
- Directive Principles of State Policy: Mentioned under Part IV of the Constitution, these are non-justiciable guidelines for the government to ensure social and economic welfare.
- Judicial Review: Under Article 13, the judiciary has the power to invalidate laws that violate Fundamental Rights, ensuring their supremacy.
- Comparison with Article 226: Article 226 allows High Courts to issue writs not only for Fundamental Rights but also for legal rights, making its scope broader than Article 32.
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