Right to Constitutional Remedies (Article 32)
ARTICLE 32 - Right to Constitutional Remedies
The article states that a citizen can directly approach the Supreme Court in case of violation of fundamental rights. The Supreme Court has opined that this article is a fundamental feature of the Constitution of India. The Supreme Court has the power to issue writs for the protection of fundamental rights. Ambedkar described the article as the heart and soul of the Constitution of India. Ambedkar described Article 32 as the "fundamental of fundamental rights". Article 32 aims at all-round protection of fundamental rights.
ARTICLE 33 - Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Article that states that Parliament can restrict or abrogate the exercise of fundamental rights in the case of armed forces, paramilitary forces, police forces, intelligence services and similar services
ARTICLE 34 - Restriction on rights conferred by this Part while martial law is in force in any area
Article that states that it is permissible to restrict fundamental rights when martial law is in force in any area.
ARTICLE 35 - Legislation to give effect to the provisions of this Part
Only Parliament has the power to make laws to implement specific fundamental rights. State legislatures do not. Subjects on which Parliament can legislate under Article 35 are,
• The right to appoint indigenous people to certain posts in the States, Union Territories and other authorities (Article 16)
• The courts other than the Supreme Court and the High Courts are empowered to issue all kinds of directions, orders and writs for the enforcement of fundamental rights. (Article 32)
• The right to restrict or remove the fundamental rights of members of the armed forces and the police force. (Article 33)
• The right to compensation to any government officer or any other person for acts done during the operation of martial law in any area. (Article 34)
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