VI. Right to Constitutional Remedies (Article 32)

Article 32: The Right to Move the Supreme Court by Appropriate Proceedings for the Enforcement of the Rights Conferred by this Part is Guaranteed.

  • The Supreme Court has 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.
  • Similar power is entrusted with High Courts under article 226 of the constitution.
    • Article 19 (f) was repealed in 1979 to ensure success of land reforms; it conferred the right to acquire, hold and dispose of property. Similarly article 31 was repealed via 44th amendment act.
    • Fundamental rights under article 19 are not absolute i.e. they are subject to reasonable restrictions like integrity & security of India, friendly relations with foreign states, public order, decency, etc.