What can the Supreme Court not do under Article 32?
This Court is thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringements of such rights.
Under which Article petition can be filed in Supreme Court?
Article 32
What are appropriate proceedings Article 32?
Article 32 of the Constitution of India confers power on the Supreme Court to issue direction or order or writ, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III of the …
When can the Supreme Court refuse to grant relief Article 32?
Delay – If there is no reasonable explanation for the delay, the court may refuse to grant relief. 3. Malicious Petition – The Supreme Court may dismiss the petition filed under Article 32 if it is found to be malicious or ill-motivated.
What is the Article 40?
Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
What is the meaning of Article 37?
Article 37 mainly addresses issues relating to children in conflict with the law (or ‘youth justice’). It refers to a number of rights: No child shall be subjected to torture, cruel, inhuman or degrading treatment or punishment. No child should be unlawfully arrested or detained.
What is the Article 41?
Article 41 of the Constitution provides that “the State shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”16 …
What is the Article 45?
Article 45 in The Constitution Of India 1949. 45. Provision for free and compulsory education for children The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
What is the Article 46?
Article 46 “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Sche- duled Tribes, and shall protect them from social injustice and all forms of exploitation.”
What is the Article 342?
Article 342 provides for specification of tribes or tribal communities or parts of or groups within tribes or tribal communities which are deemed to be for the purposes of the Constitution the Scheduled Tribes in relation to that State or Union Territory.
What is the importance of Article 46?
Article 46 (Draft Article 37) aims to promote education and economic interests for members of Scheduled Caste, Scheduled Tribe and other weaker sections. The Draft Article was discussed on 23 November 1948. The central issue was around the scope of ‘Scheduled Castes’.
What is the aim of Article 51 in Indian Constitution?
The State shall promote international peace and security by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments and by the maintenance of justice and respect for treaty obligations …
What is Article 21 A?
[21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.]
Is Article 21 an absolute right?
According to the Constitution, Parliament and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The judicial interpretation of Article 21 of the Indian Constitution and judicial activism on the part of the Supreme Court of India.
What is 86th Amendment Act?
The 86th amendment to the constitution of India in 2002, provided Right to Education as a fundamental right in part-III of the Constitution. The same amendment inserted Article 21A which made Right to Education a fundamental right for children between 6-14 years.
What is 73rd amendment of Indian Constitution?
The Constitution (73rd Amendment) Act, 1992 has added a new part IX consisting of 16 Articles and the Eleventh Schedule to the Constitution. The 73th Amendment envisages the Gram Sabha as the foundation of the Panchayat Raj System to perform functions and powers entrusted to it by the State Legislatures.