Question

The right guaranteed under article 32 can be suspended

• A. By the parliament
• B. By the state legislature
• C. By the Supreme Court of India
• D. When the proclamation of emergency is in operation

Answer 1

Answer:

D. When the proclamation of emergency is in operation

• 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.