ACADEMICIA: An International Multidisciplinary Research Journal
  • Year: 2016
  • Volume: 6
  • Issue: 6

Article 32: A derivative right?

Srijan Sandip Mandal, University of Hyderabad

Online published on 20 September, 2016.

Abstract

The paper argues that Article 32 in the Constitution of India is not a derivative right, at least not to the extent of being an imitation of Anglo-American legal tradition. It is however a derivative right, to the extent that it is influenced by that tradition. Given this ambivalence of meaning, the paper suggests an alternative term-assemblage-to describe the Article.

Keywords

Constituent Assembly, Constitution, Constitutional Remedies, Fundamental Rights