Part III · Right to Constitutional Remedies
Article 32 Remedies for enforcement of rights conferred by this Part.
This article is the right to enforce every other right in this Part. A person whose rights are broken may go straight to the Supreme Court. The Court can pass directions and writs such as habeas corpus and certiorari. This remedy is itself a fundamental right. It cannot be suspended except as the Constitution allows during an emergency.
- (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 clauses (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.
What it means
Plain words summary of the article above. Not legal advice.
This article is the right to enforce every other right in this Part. A person whose rights are broken may go straight to the Supreme Court. The Court can pass directions and writs such as habeas corpus and certiorari. This remedy is itself a fundamental right. It cannot be suspended except as the Constitution allows during an emergency.