Explained: What have been the Supreme Court’s recent observations on Article 32? -Sadaf Modak

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published Published on Nov 19, 2020   modified Modified on Nov 19, 2020

-The Indian Express

Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. How does this provision of the Constitution define this right, and how has the SC interpreted it over the years?

On Monday, a Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution. The observation came during the hearing of a petition seeking the release of journalist Siddique Kappan, who was arrested with three others while on their way to Hathras, Uttar Pradesh, to report on an alleged gangrape and murder.

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 for the enforcement of the rights conferred in Part III of the Constitution. It states that the Supreme Court “shall have 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”.

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The Indian Express, 19 November, 2020, https://indianexpress.com/article/explained/article-32-and-supreme-court-fundamental-rights-7055040/?fbclid=IwAR15axnw8l78Rtw3-H5lYC3WcqdTrbFKH9zYpRywAvzMz0pa528DK5FJNMA

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