Fundamental Rights or not.
Querist :
Anonymous
(Querist) 03 May 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 ?
Artilce 21 & 22 cannot be suspended during the emergency. Case law required. Because in the Indian constitution it is not describe or elaborate that which article should be suspended & which cannot be suspended.
Artilce 226 is not a fundamental right but article 32 is a fundamental right ?
Case law required .
Also any suggestion notes opinion required.
Thanks
abhay dholakiya
(Expert) 03 May 2011
ya u r right article 32 is fundamental right while artical 226 is not fundamental right and articale 32 is applied in suprim court and while 226 is under juditiory of high court and artical 226 is not affected articale 32
