Chapters :
  • THE FUNDAMENTAL RIGHTS – 07

  • ARTICLE 32: RIGHT TO CONSTITUTIONAL REMEDIES 

THE FUNDAMENTAL RIGHTS – 07

Administration of minority institutions deals with managing and conducting the affairs of such institutions. It is subjected to reasonable restrictions. The universities can impose reasonable restrictions upon the minority institutions that come under its jurisdiction to maintain the standard and efficiency of education.

 SubClause(a): It says that the State, on acquiring the properties that belong to a minority educational institution shall compensate it with an amount of money that will enable the continuance of administration without any restrictions.

 Clause 2: It talks about the right of the minority institutions to not to be discriminated against by the State in granting financial assistance. The State has to treat both the minority and majority institutions equally while granting financial aid. But the minority institutions can not claim financial aid as a matter of right from the State.

ARTICLE 32: RIGHT TO CONSTITUTIONAL REMEDIES

Dr.B.R. Ambedkar called article 32 as ‘The Heart And Soul Of The Constitution’ appreciating its significance. The provisions of this article empower the individuals to seek judicial remedies when their fundamental rights are denied.

As the protection under the articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to both citizens and friendly aliens, in the case of violation of any of these rights, the friendly aliens can also seek judicial remedies.

 Clause 1: It says that the individuals have the right to move to the Supreme Court for the enforcement of Fundamental Rights guaranteed to them in Part III of the constitution.

 Clause 2: For the enforcement of the rights guaranteed in Part III, the Supreme Court can issue directions or orders or writ, whichever is appropriate.

Writ: A writ is a formal, written order, issued by an authority for providing quick remedy against injustice. All writs are orders but not all orders are writs.

PIL(Public Interest Litigation): A PIL is a kind of writ, aimed at general public interest not at the interest of one particular litigant.

A writ can be issued either to  enforce an action or stop an action. There are five types of writs issued by the Supreme Court under article 32 and High Courts under article 226

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