FUNDAMENTAL RIGHTS
RIGHT TO CONSTITUTIONAL REMEDIES
The right to constitutional remedies is described in the
constitution as:
Article 32. Remedies for enforcement of rights conferred by this
Part.-
(1) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
(2) 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.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.
Article 33. Power of Parliament to modify the rights conferred by
this Part in their application to Forces, etc.- Parliament may, by law,
determine to what extent any of the rights conferred by this Part shall, in
their application to:-
(a) The members of the Armed Forces; or
(b) The members of the Forces charged with the maintenance of public order;
or
(c) Persons employed in any bureau or other organization established by the
State for purposes of intelligence or counter intelligence; or
(d) Persons employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organization
referred to in clauses (a) to (c), be restricted or abrogated so as to
ensure the proper discharge of their duties and the maintenance of
discipline among them.
Article 34. Restriction on rights conferred by this Part while
martial law is in force in any area.- Notwithstanding anything in the
foregoing provisions of this Part, Parliament may by law indemnify any
person in the service of the Union or of a State or any other person in
respect of any act done by him in connection with the maintenance or
restoration of order in any area within the territory of India where martial
law was in force or validate any sentence passed, punishment inflicted,
forfeiture ordered or other act done under martial law in such area.
Article 35. Legislation to give effect to the provisions of this
Part.- Notwithstanding anything in this Constitution,-
(a) Parliament shall have, and the Legislature of a State shall not have,
power to make laws-
(i) with respect to any of the matters which under clause (3) of article
16, clause (3) of article 32, article 33 and article 34 may be provided
for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be
offences under this Part; and Parliament shall, as soon as may be after
the commencement of this Constitution, make laws for prescribing
punishment for the acts referred to in sub-clause (ii)
(b) any law in force immediately before the commencement
of this Constitution in the territory of India with respect to any of the
matters referred to in sub-clause (i) of clause (a) or providing for
punishment for any act referred to in sub-clause (ii) of that clause shall,
subject to the terms thereof and to any adaptations and modifications that
may be made therein under article 372, continue in force until altered or
repealed or amended by Parliament. |