Articles 32 and 226 of the Constitution provide JUDICIAL REMEDIES for human rights violations:
Aonly criminal prosecution (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226)
BWRIT JURISDICTION — the right to move the Supreme Court (Article 32) and the right to move the High Courts (Article 226) for enforcement of fundamental rights through habeas corpus, mandamus, certiorari, prohibition, and quo warranto
Conly suit for damages (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226)
Donly constitutional amendment (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226) (cf. Constitution of India, Articles 32 and 226)
Answer & Solution
Correct answer: B. WRIT JURISDICTION — the right to move the Supreme Court (Article 32) and the right to move the High Courts (Article 226) for enforcement of fundamental rights through habeas corpus, mandamus, certiorari, prohibition, and quo warranto
1. Article 32(1): 'The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.'
2. Article 32(2): the Supreme Court has power to issue directions, orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
3. Article 226(1) gives HIGH COURTS power to issue writs for the enforcement of FRs AND 'for any other purpose' — wider than Article 32 which is confined to FRs.
4. Article 32 itself is a FUNDAMENTAL RIGHT (Article 32(4)).
5. Dr Ambedkar called Article 32 the 'heart and soul' of the Constitution.
6. Hence option B is correct.
_Source: UDHR 1948 / ICCPR 1966 / ICESCR 1966 / CAT 1984 / CEDAW 1979 / CRC 1989 / PHRA 1993 / Constitution Part III — Constitution of India, Articles 32 and 226_
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