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A S   25 June 2021

How could article 21 be enforced when article 32 can be suspended in emergency?

What's the use of non-suspension of Article 20 and 21 when they can't even be enforced as Article 32 is suspended?

I am aware Article 226 can be used but why is that anomaly?

 3 Replies

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 (Lawyer)     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:

  • Under Article 33, the Parliament is empowered to make changes in the application of Fundamental Rights to armed forces and the police are empowered with the duty to ensure proper discharge of their duties.
  • During the operation of Martial law in any area, any person may be indemnified by the Parliament, if such person is in service of the state or central government for the acts of maintenance or restoration of law and order under Article 34.
  • Under Article 352 of the Constitution when an emergency is proclaimed, the guaranteed Fundamental Rights of the citizens remains suspended. Also, Fundamental Rights guaranteed under Article 19 is restricted by the Parliament under Article 358 during the pendency of an emergency.
  • Article 359 confers the power to the President to suspend Article 32 of the Constitution. The order is to be submitted to the Parliament and the Parliament may disapprove President’s order

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