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Wednesday, November 13, 2013

Enforcement of the Fundamental Rights-Article 32

The Constitution of India, Part III, has guaranteed fundamental rights to all citizens and persons within this country. The guarantee of fundamental rights would have been meaningless without an accompanying guaranteed remedy for their protection. The framers of the Constitution have made such a provision in Article 32 and the Supreme Court has been made the custodian of fundamental rights. This Article declares that the right to move the Supreme Court by appropriate proceeding s for the enforcement of the fundamental rights conferred by Part III of the Constitution of India is guaranteed. The scope of the jurisdiction of the Court under this Article is very wide. Since the inauguration of the Constitution, petitioners from all walks of life have approached this court for protection and enforcement of their fundamental rights.

             Jurisdiction conferred upon the Supreme Court by Article 32 is an important and integral part of the basic structure of the Constitution. The Supreme Court has always given protection to anyone claiming breach of any of his fundamental rights as guaranteed by the Constitution and has extended its power and long hands to protect any person/body whose fundamental rights are violated or are under threat of violation. The Court is the constituted protector and guarantor of fundamental rights.    
 

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