BBA LLB(Hons) First Semester

Synopsis

Legal Methods

Research Project Topic: Article 32 of the Indian Constitution

Submitted by:

Vanshika Gupta

FY BBA LLB(Hons)

Roll No.: A052

vdoshar@gmail.com

Submitted to:

Shruti Rajgriha

Asst. Professor(Constitutional Law)

School of Law ,NMIMS(Deemed to be University)

Content

Statement of Problem

Objective

Review of Literature

Methodology

Research Questions

Hypothesis

Tentative Chapterization
Statement of Problem
Article 32 of the Indian Constitution gives the right to the public in general the right to
move to the Supreme Court if their fundamental rights are infringed. The right to take
proceedings by original petition straight in the Supreme Court. The citizens of India are
given the privilege to move to the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this part.

The Supreme Court has the 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.

The right conferred in the Article 32 being a fundamental right cannot be abrogated,
abridged or taken away by an Act of the legislature. It has accordingly been held that a
law which has the effect of retarding the assertion or vindication of the fundamental
right of the petitioner would be unconstitutional.

“The power of the court is not only injunctive in ambit ,that is, preventing the
infringement of a fundamental rights, but it is also remedial in scope and provides relief
against a breach of a fundamental right already committed.”

Objectives

 The research aims to understand Article 32 in detail in India.

 The research also aims to understand the difference between Article 32 and
Article 226 of the Indian Constitution.
 One of the other objective of this research project is to do a detailed research on
the writs of the Indian Constitution.
 Another objective of this research is to analyze the cases related to Article 32 of
the Indian Constitution.

Review of Literature
For this given project the reachers went through many books present in the library and
read many online articles on the same. Some of the main books that the reachers went
through are:

 Indian Constitutional Law ,M P Jain

 Constitution of India, VN Shukla
  Introduction to Indian Constitution, DD Basu
 Indian Constitutional Law, PM Bakshi

This list is not exhaustive and any other text available and related to the research or
topic is intended to be used.

Research Methodology
The method employed for this project is non-emperical in nature which can be done via
books and other online material. The researcher is went through secondary research
and has been relied upon the books and article present in the library or on the internet
which has been mentioned as footnotes in order to ensure credibility of sources.

The present project is based on the secondary sources hence some limitations. The
project is limited and contains only the limited provisions and judgements.

Research Questions

 How is article 32 different from other fundamental rights?

 What is the importance of article 32 for the public in general?
 What is the difference between article 32 and article 226?
 Analyzing different cases and answering whether judiciary system of India gives
justice to its citizens or not?

Hypothesis
The project is based on the premises that Article 32 is the heart and soul of the Indian
Constitution and is there for the protection of the fundamental rights of the public in
general as the right to move to the Supreme Court in guaranteed to the citizens of India.

Tentative Chapterization

 Introduction
 What is article 32 of the Indian Constitution?
 Type of writs
 Analyzing the cases related to article 32
 Difference between article 32 and article 226
 Conclusion