Consider the following statements regarding Article 32 of the Indian Constitution. Article 32 affirms the right to move the Supreme Court to enforce the rights conferred in Part III of the Indian Constitution. The right guaranteed under Article 32 is absolute and shall not be suspended. An individual approaching the High Court under Article 226 for violating fundamental rights is itself is a fundamental right. Which of the above statements is/are incorrect?a)1, 2b)1, 3c)2, 3d)3 onlyCorrect answer is option 'C'. Can you explain this answer?

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Consider the following statements regarding Article 32 of the Indian Constitution.

Article 32 affirms the right to move the Supreme Court to enforce the rights conferred in Part III of the Indian Constitution.

The right guaranteed under Article 32 is absolute and shall not be suspended.

An individual approaching the High Court under Article 226 for violating fundamental rights is itself is a fundamental right.

Which of the above statements is/are incorrect?

a)
1, 2
b)
1, 3
c)
2, 3
d)
3 only

Correct answer is option 'C'. Can you explain this answer?

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Consider the following statements regarding Article 32 of the Indian ...

What is Article 32?

It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the 'Right to Constitutional Remedies', or affirms the right to move the Supreme Court by appropriate proceedings to enforce the rights conferred in Part III of the Constitution.
It states that the Supreme Court "shall have the 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". The right guaranteed by this Article "shall not be suspended except as otherwise provided for by this Constitution".
During the 1975 Emergency, a five-judge bench of the Supreme Court, in the ADM Jabalpur vs Shivakant Shukla case, had ruled that the right to constitutional remedies under Article 32 would remain suspended during a national emergency.
The 44th Amendment also stated that according to Article 359, the president could issue orders suspending the right to move any court for the enforcement of fundamental rights, under Article 32, during a national emergency, with the exception of Article 20 ( deals with the protection of certain rights in case of conviction for offences) and Article 21 (protection of life and personal liberty).

In civil or criminal matters, the first remedy available to an aggrieved person is trial courts, followed by an appeal in the High Court and then the Supreme Court. When it comes to the violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.

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Consider the following statements regarding Article 32 of the Indian ...

Incorrect Statements regarding Article 32 of the Indian Constitution:

Statement 1:
The first statement is correct. Article 32 of the Indian Constitution indeed affirms the right to move the Supreme Court to enforce the rights conferred in Part III of the Constitution.

Statement 2:
The second statement is incorrect. The right guaranteed under Article 32 is not absolute and can be suspended during a state of emergency as per Article 359 of the Indian Constitution.

Statement 3:
The third statement is also incorrect. While Article 32 allows individuals to directly approach the Supreme Court for the enforcement of fundamental rights, the right to approach the High Court under Article 226 is not itself a fundamental right.

Therefore, the correct answer is option C, which states that statements 2 and 3 are incorrect.

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Consider the following statements regarding Article 32 of the Indian Constitution. Article 32 affirms the right to move the Supreme Court to enforce the rights conferred in Part III of the Indian Constitution. The right guaranteed under Article 32 is absolute and shall not be suspended. An individual approaching the High Court under Article 226 for violating fundamental rights is itself is a fundamental right. Which of the above statements is/are incorrect?a)1, 2b)1, 3c)2, 3d)3 onlyCorrect answer is option 'C'. Can you explain this answer?

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