Part III.—Fundamental Rights.—Arts. 32–34.
Right to Constitutional Remedies
Remedies for enforcement of rights conferred by this Part.
32. (I) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, 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 this Part.
[१](3) Without prejudice to the powers conferred on the Supreme Court by clauses (I) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Power to Parliament to modify the rights conferred by this Part in their application to forces.
33. Parliament may by law determine to what extent any of the rights conferred by this Part shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so to ensure the proper discharge of their duties and the maintenance of discipline among them.
Restrictin on rights conferred by this Part while martial law is in force in any area.
34. Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
- ↑ In its application to the State of Jammu and Kashmir, cl. (3) of art. 32 shall be omitted and after cl. (2), the following new clause shall be inserted, namely:—
- "(2A) Without prejudice to the powers conferred by clauses (I) and (2), the High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, including in appropriate cases any Government within those territories, directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by this Part."
