Q. Consider the following statements regarding Article 32 of the Indian Constitution, which has been referred to as ‘heart’ and ‘soul’ of the Indian Constitution by Dr. BR Ambedkar:
1. It declares the ‘Right to Constitutional Remedies’ as a part of the ‘basic structure’.
2. It gives exclusive powers to the Supreme Court to issue writs for the enforcement of Fundamental Rights.
3. The concept of writs under this Article is borrowed from the English Common Law.
4. The rights granted under this Article are absolute and cannot be suspended under any circumstances.
How many of the above given statements is/ are incorrect?
Exp) Option c is the correct answer.
Article 32 provides for the ‘Right to the Constitutional Remedies’ for the enforcement of fundamental rights. Thus, an aggrieved citizen for violation of his Fundamental Rights can approach Supreme Court of India. Dr. Ambedkar has called this Article as the ‘heart and soul’ of the Indian Constitution.
Statement 1 is incorrect: The Constitution of India neither defines nor mentions the term ‘basic structure’. Article 32 forms the basic structure, but it is not declared in the Constitution itself.
Statement 2 incorrect: The Article does not empower Supreme Court with the exclusive jurisdiction over issuing writs. As per this Article, Parliament can empower any other Courts to issue directions, orders and writs of all kinds.
Statement 3 correct: Writ jurisdiction in India has been borrowed from the English Common Law. They are called ‘prerogative writs’ in England.
Statement 4 is incorrect: As per Article 32, the right to move Supreme Court cannot be suspended unless otherwise stated in the Constitution. Article 359 states that President can suspend the right to move any court for the enforcement of Fundamental Rights during National Emergency.
