Right to Constitutional Remedies
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
32A Constitutional validity of State laws not to be considered in
proceedings under article 32
{...}
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 organisation 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 organisation 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 marital 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 person in
respect of
any act done by him in connection with the
maintenance or restoration or 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.
Explanation: In this article, the expression "law in force"
has the same meaning as in article 372 .
Constitution of India
| Preamble
| Union and its Territory
| Citizenship
| Fundamental Rights
| General Fundamental Rights
| Right to Equality
| Right to Freedom
| Right against Exploitation
| Right to Freedom of Religion
| Cultural and Educational Rights
| Saving of Certain Laws
| Right to Constitutional Remedies
| Directive Principles Of State Policy
| Fundamental Duties
| Union
| Executive
| President and Vice President
| Council of Ministers
| Attorney General for India
| Conduct of Government Business
| Parliament
| General Parliament
| Officers of Parliament
| Conduct of Business
| Disqualifications of Members
| Parliament and its Members
| Legislative Procedure
| Procedure in Financial Matters
| Procedure Generally
| Legislative Powers of the President
| Union Judiciary
| Comptroller and Auditor General of India
| General The States
| Governor
| Advocate General for the State
| State Legislature
| General State Legislature
| Officers of the State Legislature
| Powers Privileges and Immunities
| Legislative Power of The Governor
| High Courts in the States
| Subordinate Courts
| States in Part B of the First Schedule
| Union Territories
| Panchayats
| Municipalities
| Scheduled and Tribal Areas
| Relations Between The Union and the States
| Legislative Relations
| Administrative Relations
| General Administrative Relations
| Disputes relating to Waters
| Co ordination between States
| Finance Property Contracts and Suits
| Finance
| General Finance
| Distribution of Revenues
| Miscellaneous Financial Provisions
| Borrowing
| Property Contracts Rights and Suits
| Right to Property
| Trade Commerce and Intercourse Within the Territory
| Services Under the Union and the States
| Services
| Public Service Commissions
| Tribunals
| Elections
| Special Provisions Relating to Certain Classes
| Official Language
| Language of the Union
| Regional Languages
| Language of the Supreme Court
| Special Directives
| Emergency Provisions
| Miscellaneous
| Amendment of the Constitution
| Temporary Transitional and Special Provisions
| Short Title Commencement Authoritative
| First Schedule
| Second Schedule
| Second Schedule Part A
| Second Schedule Part B
| Second Schedule Part C
| Second Schedule Part D
| Second Schedule Part E
| Third Schedule
| Fourth Schedule
| Fifth Schedule
| Fifth Schedule Part A
| Fifth Schedule Part B
| Fifth Schedule Part C
| Fifth Schedule Part D
| Sixth Schedule
| Seventh Schedule
| Eighth Schedule
| Ninth Schedule
| Tenth Schedule
| Eleventh Schedule
| Twelfth Schedule
| Appendix I
| Appendix II
| |