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Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right
Reason (R): Supreme Court of India has been appointed as the guardian of the Constitution.
  • a)
    Both A and R are individually true and R is the correct explanation of A.
  • b)
    Both A and R are individually true but R is not the correct explanation of A
  • c)
    A is true but R is false
  • d)
    A is false but R is true
Correct answer is option 'A'. Can you explain this answer?
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Assertion (A): The right to move the Supreme Court under Article 32 of...
The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental right. This assertion is true. The Constitution of India guarantees the right to move the Supreme Court for the enforcement of fundamental rights as a fundamental right itself. This right is enshrined in Article 32 of the Constitution, which is one of the most important provisions of the Constitution.

Supreme Court of India has been appointed as the guardian of the Constitution. This reason is also true. The Supreme Court of India has been appointed as the guardian of the Constitution. The Constitution of India grants the Supreme Court the power of judicial review to ensure that the laws made by the legislature and the actions of the executive are in conformity with the Constitution. The Supreme Court has the final say in interpreting the Constitution and has the power to strike down laws and executive actions that violate the Constitution.

Therefore, both assertion and reason are individually true and the reason is the correct explanation of the assertion. The Constitution of India has established the Supreme Court as the guardian of the Constitution and has granted citizens the right to approach the Supreme Court for the enforcement of their fundamental rights. This ensures that the Constitution remains the supreme law of the land and that the rights of citizens are protected.
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Assertion (A): The right to move the Supreme Court under Article 32 of...
As supreme Court is guardian of constitution hence it it's duty that the fundamental right and duties must be obeyed even during the proceeding of Court
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The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part - III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights. However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.What is the correct meaning of the word ‘infringement’?

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part - III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights. However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.All of the following can be inferred from the passage except

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Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental rightReason (R): Supreme Court of India has been appointed as the guardian of the Constitution.a)Both A and R are individually true and R is the correct explanation of A.b)Both A and R are individually true but R is not the correct explanation of Ac)A is true but R is falsed)A is false but R is trueCorrect answer is option 'A'. Can you explain this answer?
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Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental rightReason (R): Supreme Court of India has been appointed as the guardian of the Constitution.a)Both A and R are individually true and R is the correct explanation of A.b)Both A and R are individually true but R is not the correct explanation of Ac)A is true but R is falsed)A is false but R is trueCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental rightReason (R): Supreme Court of India has been appointed as the guardian of the Constitution.a)Both A and R are individually true and R is the correct explanation of A.b)Both A and R are individually true but R is not the correct explanation of Ac)A is true but R is falsed)A is false but R is trueCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental rightReason (R): Supreme Court of India has been appointed as the guardian of the Constitution.a)Both A and R are individually true and R is the correct explanation of A.b)Both A and R are individually true but R is not the correct explanation of Ac)A is true but R is falsed)A is false but R is trueCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Assertion (A): The right to move the Supreme Court under Article 32 of the Constitution by appropriate proceedings for the enforcement of the fundamental rights is guaranteed as a fundamental rightReason (R): Supreme Court of India has been appointed as the guardian of the Constitution.a)Both A and R are individually true and R is the correct explanation of A.b)Both A and R are individually true but R is not the correct explanation of Ac)A is true but R is falsed)A is false but R is trueCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
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