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Types of writ( Article 32) Indian polity/Railway Group D Video Lecture | Railways Exam Preparation (in Hindi) - RRB Group D / RPF Constable
FAQs on Types of writ( Article 32) Indian polity/Railway Group D Video Lecture - Railways Exam Preparation (in Hindi) - RRB Group D / RPF Constable
| 1. What is Article 32 in Indian polity? |  |
Ans. Article 32 of the Indian Constitution guarantees individuals the right to move the Supreme Court for the enforcement of their fundamental rights. It is considered as a fundamental right in itself and acts as a safeguard against the violation of fundamental rights.
| 2. How does Article 32 protect the fundamental rights of Indian citizens? | |
Ans. Article 32 empowers individuals to directly approach the Supreme Court if they believe their fundamental rights have been violated. It allows the Supreme Court to issue writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to protect and enforce these rights.
| 3. What are the different types of writs mentioned in Article 32? | |
Ans. Article 32 mentions five types of writs that can be issued by the Supreme Court:
1. Habeas Corpus: It is used to protect against unlawful detention or imprisonment.
2. Mandamus: It is used to direct a public official or authority to perform a duty that they are legally obligated to fulfill.
3. Prohibition: It is used to prevent an inferior court or tribunal from exceeding its jurisdiction.
4. Quo Warranto: It is used to inquire into the right or authority of a person holding a public office.
5. Certiorari: It is used to quash the order of an inferior court or tribunal if it has acted without jurisdiction or in excess of its jurisdiction.
| 4. Can any individual approach the Supreme Court under Article 32? | |
Ans. Yes, any individual whose fundamental rights have been violated can directly approach the Supreme Court under Article 32. It is not necessary to go through the lower courts first. However, the individual must have the necessary locus standi (legal standing) to approach the court.
| 5. How does Article 32 differ from Article 226 of the Indian Constitution? | |
Ans. While both Article 32 and Article 226 provide for the enforcement of fundamental rights, there are some key differences. Article 32 applies to the enforcement of fundamental rights against the actions of both the state and private individuals, whereas Article 226 applies only against the actions of the state. Additionally, Article 32 can only be invoked in the Supreme Court, while Article 226 allows individuals to approach either the High Court or the Supreme Court.
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