Question:
The right guaranteed under article 32 can be suspended
ABy the parliament
BBy the state legislature
CBy the Supreme Court of India
DWhen the proclamation of emergency is in operation
Answer:
D. When the proclamation of emergency is in operation
Explanation:
- Article 32 of the Indian Constitution gives the right to every citizen to seek constitutional remedy from the Supreme Court, when they have been deprived of their fundamental rights.
- The right to move to the Supreme Court for enforcement of Fundamental Rights is guaranteed.
- The Supreme Court shall have the power to issue directions, orders, or writs for the enforcement of any of the Fundamental Rights.
- The Parliament can empower any other court to issue directions, orders, and writs of all kinds, without prejudicing the same powers of the Supreme Court.
- Here, the phrase ‘any other court’ does not include the High Court, because Article 226 has already conferred this power on the High Court.
- The right to move to the Supreme Court shall not be suspended, except as otherwise provided for by the Constitution.
- President can suspend the right to move to any court for the enforcement of Fundamental Rights during a National Emergency.