Right to constitutional remedies - Analysis of Article 32 of the Indian Constitution

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Right to Constitutional Remedies

Dr. Ambedkar referred to Article 32 as the constitution's "spirit" and "exceptionally heart." It has been included in the fundamental structure regulation by the Supreme Court. Furthermore, it is underlined that the right to appeal to the Supreme Court cannot be interrupted unless the Constitution expressly allows it. This argues that, under Article 359, this right is suspended in the event of a national emergency.
Article 32 establishes the Supreme Court as the protector and insurer of fundamental rights. Furthermore, the Apex Court has original jurisdiction over the power to issue writs. This means that rather than appealing, a person can approach SC directly for a remedy.
Article 32 can only be utilized to seek redress for violations of Article 12-35's fundamental rights. It isn't there for any other legal right that is protected by a variety of laws.

What is WRIT?

A written precept in the form of a letter, issued by a court of justice in the name of the king, president, or state, and sealed with its seal, addressed to a sheriff or other officer of the law, or directly to the person whose action the court wishes to command, either as the start of a suit or other proceeding or as an incidental to Its progress, and requiring the penning of the penning of the penning of the penning of the penning of the penning of See the following titles for the names and descriptions of several specific writs.

In the old English legal system. a musical instrument A letter or letters of attorney in the form of a letter. This is a very old definition of the term.

Because ?writ? was often employed as a synonym for ?action? in old literature, writs were occasionally classified into three categories: genuine, personal, and mixed.

According to Scots law. An instrument in writing, such as a deed, bond, or contract.

Constitutional Philosophy of Writ Jurisdiction
An individual whose fundamental right (privilege) has been violated by an unreasonable administrative action may seek redress from the Court. ?The Supreme Court will have the capacity to issue bearings or requests or writs, incorporating writs in the idea of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever might be suitable, for the requirement of any of the rights given by this Part,? says Article 32(2) of the Indian Constitution. Part III of the Constitution contains Article 32, which is a fundamental right. The Supreme Court is empowered under this Article to relax the traditional Locus Standi test and allow the general public to intervene in cases in the name of public interest litigation (PIL).

Conclusion

PILs in India have taken on a multidimensional character in the hands of the Supreme Court. The deeply ingrained ill-disposed framework has been ignored. With the advent of legal activism, letters, paper reports, open active people's dissensions, and social activity groups bringing to the Court's attention infringements of major rights were managed as writ petitions, and pay relief was also permitted through writ jurisdiction.

Article 32 bestows upon the subjects extraordinary powers with immediate effect. Furthermore, when PILs are filed, writs are often issued against the state and are summoned against the state. The Constitution's Writ Jurisdictions, on the other hand, contain privilege restrictions and are discretionary in nature, but they are unbounded in their breaking points. In any case, the caution is exercised in accordance with legal guidelines.