Which of the following statements about ‘Right to Constitutional Remedies’ under Article 32 of the Constitution is/are correct?

1. It provides for the right to move the Supreme Court and High Courts for enforcement of Fundamental Rights.

2. The right to move Supreme Court cannot be suspended in any circumstance, however this can be done with respect to High Courts.

Select the correct answer using the code given below:

Solution

Article 32 provides remedies for enforcement of fundamental rights conferred by Part III of the Constitution. ● Statement 1 is incorrect: Article 32(1) provides that the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part. A person can move to High Courts under Article 226 of the Constitution. ● Statement 2 is incorrect: Article 32(4) provides that the right to move the Supreme Court shall not be suspended except as otherwise provided for by this Constitution. This suspension is provided under Article 358 and 359 of the Constitution.