
In case of violation of the Fundamental Rights of individuals, which type of jurisdiction of the Supreme Court is applicable?
Answer
567k+ views
Hint: Fundamental rights are a set of rights, specified in a Constitution, that have been comprehended by a high degree of security from encroachment. They are considered important for the improvement of the personality of every individual and to maintain human dignity.
Complete answer:
Fundamental Rights safeguard the sovereignty of the citizens and are very vital for the all-round development of the people and the country. They are enforceable in the High Courts and the Supreme Court. By 2020, there are 6 fundamental rights recognised by the Indian constitution; namely ,
> Right to equality
> Right to Freedom
> Right Against Exploitation
> Right to Freedom of Religion
> Cultural and Educational Rights
> Right to Constitutional Remedies
The Supreme Court of India has the authority of original, appellate and advisory jurisdiction. In addition to that, Article 32 of the Constitution gives a comprehensive original jurisdiction to the Supreme Court in respect to enforcement of Fundamental Rights.
The Article 32 of the Indian Constitution gives the freedom to people to move to the Supreme Court to seek justice when they believe that their right has been ‘unduly deprived’. The apex court is given the power to issue orders for the enactment of any of the rights conveyed by the constitution as it is regarded as ‘the guardian of Fundamental Rights’.
Under Article 32, the parliament can also authorize any other court to exercise the authority of the Supreme Court, provided that it is within its Jurisdiction. And unless there is some Constitutional amendment, the rights safeguarded by this Article cannot be suspended.
Therefore, we can say that an assured right is insured to individuals for enforcement of fundamental rights by this article as the law delivers the right to an individual to directly address the Supreme Court without following a prolonged procedure of moving to the lower courts first as the main objective of Writ Jurisdiction under Article 32 is the enforcement of Fundamental Rights.
The penalties for violation of fundamental rights are decided by the court of law based on the complaints and the rights. Sometimes financial compensation is also given to the complainant.
Note:
Annie Beasant is considered to be the inventor of Fundamental Rights. Dr Br Ambedkar is regarded as the father of the Indian Constitution and had declared Article 32 as the heart and soul of the Indian Constitution. The Right to Life and Personal Liberty cannot be suspended in any circumstance, even during national emergency according to the original Constitution.
Complete answer:
Fundamental Rights safeguard the sovereignty of the citizens and are very vital for the all-round development of the people and the country. They are enforceable in the High Courts and the Supreme Court. By 2020, there are 6 fundamental rights recognised by the Indian constitution; namely ,
> Right to equality
> Right to Freedom
> Right Against Exploitation
> Right to Freedom of Religion
> Cultural and Educational Rights
> Right to Constitutional Remedies
The Supreme Court of India has the authority of original, appellate and advisory jurisdiction. In addition to that, Article 32 of the Constitution gives a comprehensive original jurisdiction to the Supreme Court in respect to enforcement of Fundamental Rights.
The Article 32 of the Indian Constitution gives the freedom to people to move to the Supreme Court to seek justice when they believe that their right has been ‘unduly deprived’. The apex court is given the power to issue orders for the enactment of any of the rights conveyed by the constitution as it is regarded as ‘the guardian of Fundamental Rights’.
Under Article 32, the parliament can also authorize any other court to exercise the authority of the Supreme Court, provided that it is within its Jurisdiction. And unless there is some Constitutional amendment, the rights safeguarded by this Article cannot be suspended.
Therefore, we can say that an assured right is insured to individuals for enforcement of fundamental rights by this article as the law delivers the right to an individual to directly address the Supreme Court without following a prolonged procedure of moving to the lower courts first as the main objective of Writ Jurisdiction under Article 32 is the enforcement of Fundamental Rights.
The penalties for violation of fundamental rights are decided by the court of law based on the complaints and the rights. Sometimes financial compensation is also given to the complainant.
Note:
Annie Beasant is considered to be the inventor of Fundamental Rights. Dr Br Ambedkar is regarded as the father of the Indian Constitution and had declared Article 32 as the heart and soul of the Indian Constitution. The Right to Life and Personal Liberty cannot be suspended in any circumstance, even during national emergency according to the original Constitution.
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