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Q75 (CDS-I/2015) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Constitutional Remedies Answer Verified

Which of the following is not true of Article 32 of the Indian Constitution ?

Result
Your answer: —  Â·  Correct: A
Explanation

Article 32 of the Indian Constitution is specifically designed for the enforcement of Fundamental Rights through the Supreme Court. While it is true that both the Supreme Court and High Courts possess writ jurisdiction, they derive this power from different articles. Article 32 confers this power exclusively on the Supreme Court [2]. In contrast, the High Courts derive their power to issue writs from Article 226 [4]. Article 32 is itself a Fundamental Right located in Part III of the Constitution [4]. Dr. B.R. Ambedkar famously described it as the 'very soul' and 'heart' of the Constitution because it provides the necessary machinery for the protection of other rights [4]. Furthermore, Article 32 can only be invoked when a Fundamental Right is violated, unlike Article 226, which has a wider scope including 'any other purpose'. Therefore, statement 1 is incorrect as it wrongly attributes the High Courts' writ power to Article 32.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 99
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
  3. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RICHTTO CONSTITUTIONAL REMEDIES > p. 97
  4. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 81 > p. 152
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