Part III | Articles 12 to 35 - Magna Carta of India.
Inspiration from the Constitution of USA.
Originally, 7 Fundamental Rights.
At present, 6 Fundamental Rights.
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies. Art 32
Initially there was a provision for Right to Property under Article-31 which was also a Fundamental Right. The 44th Amendment Act, 1978 had omitted Right to Property from the Fundamental Rights Part and added it as Article 300A and therefore is considered as a legal right.
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All human beings are born free and equal. Universal Declaration of Human Rights(1948)
Fundamental rights has been guaranteed under Article 32 that is named as Right to Constitutional Remedies.
Write
Both the Supreme Court and the High Courts are empowered to issue 5 kinds of writs.
Supreme Court - “Guardian of the Constitution”.
According to Dr. Ambedkar,
Art 32 - “The heart and soul of the Constitution”.
Habeas Corpus: Safeguards people from illegal arrests.
Mandamus: It protects the petitioner who requires legal help to get his work done by respective public authorities.
Prohibition: It prohibits a subordinate court from acting beyond its jurisdiction.
Certiorari: It quashes an order issued by a subordinate court by overstepping its jurisdiction.
Quo Warranto: It prevents usurpation of public office through illegal manner.