Which one of the following statements is not correct with respect to A...
- Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their fundamental right is being exploited or they are being deprived of their fundamental rights. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.
- The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay.
- Fundamental rights are contained in Part III (Article 12 to 35) of the Constitution of India.
- The six fundamental rights recognised by the Indian constitution are the:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational Right
6. Right to constitutional remedies
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Which one of the following statements is not correct with respect to A...
Article 32 of the Constitution of India is one of the fundamental rights guaranteed to citizens. It is often referred to as the "heart and soul" of the Constitution as it provides an effective remedy for the enforcement of fundamental rights. However, one of the statements given is not correct with respect to Article 32.
D) Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.
Explanation:
Article 32 primarily deals with the enforcement of fundamental rights and is not concerned with the enforcement of ordinary laws. The key points to understand in this regard are:
1. Remedies for the enforcement of fundamental rights: Article 32 provides individuals with the right to move the Supreme Court for the enforcement of their fundamental rights. It acts as a safeguard against the violation of these rights by the state or any other entity. The Supreme Court has the power to issue writs, directions, or orders to ensure the protection and enforcement of fundamental rights.
2. Fundamental rights: Fundamental rights are the basic rights guaranteed to citizens of India. They include the right to equality, right to freedom of speech and expression, right to protection of life and personal liberty, right to education, etc. These rights are enshrined in Part III of the Constitution and are enforceable through Article 32.
3. The Supreme Court's power to refuse a writ petition: While Article 32 empowers individuals to approach the Supreme Court for the enforcement of fundamental rights, the court has the discretion to refuse a writ petition under certain circumstances. The Supreme Court can refuse a writ petition if it finds that the petition is frivolous, vexatious, or an abuse of the process of the court. The court can also refuse a petition if there is an undue delay in approaching the court.
4. Enforcement of ordinary laws: Protection under Article 32 is primarily limited to the enforcement of fundamental rights. It does not extend to the enforcement of ordinary laws that are not directly linked to fundamental rights. The enforcement of ordinary laws falls under the jurisdiction of the regular judicial system.
In conclusion, the correct statement is D) Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights. Article 32 primarily deals with the enforcement of fundamental rights and does not extend to the enforcement of ordinary laws.