Article 32 of CoI : Article 32: Remedies for enforcement of rights conferred by this Part.

Explanation using Example

Example 1:

Scenario: Violation of Freedom of Speech

Situation: Raj, a journalist, publishes an article criticizing the government. The government, in response, shuts down the newspaper and arrests Raj under a law that restricts freedom of speech.

Application of Article 32:

1. Right to Move Supreme Court: Raj can directly approach the Supreme Court under Article 32, claiming that his fundamental right to freedom of speech and expression (Article 19) has been violated.
2. Issuance of Writs: The Supreme Court can issue a writ of habeas corpus to release Raj from unlawful detention and a writ of mandamus directing the government to lift the ban on the newspaper.
3. Empowerment of Other Courts: If Parliament has empowered the High Court with similar powers, Raj could also approach the High Court for immediate relief.
4. Non-Suspension of Rights: Raj's right to approach the Supreme Court cannot be suspended unless explicitly provided by the Constitution, ensuring his access to justice.

Example 2:

Scenario: Unlawful Detention

Situation: Priya, a social activist, is detained by the police without any formal charges or a court order. Her family is not informed about her whereabouts.

Application of Article 32:

1. Right to Move Supreme Court: Priya's family can file a petition in the Supreme Court under Article 32, asserting that her fundamental right to personal liberty (Article 21) has been infringed.
2. Issuance of Writs: The Supreme Court can issue a writ of habeas corpus, compelling the police to produce Priya before the court and justify her detention.
3. Empowerment of Other Courts: If the High Court is empowered by Parliament, Priya's family can also seek similar relief from the High Court.
4. Non-Suspension of Rights: The right to approach the Supreme Court for enforcement of fundamental rights r...

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