1.

Introduction to Article 32:

Article 32 of the Indian Constitution provides the right to constitutional

remedies. It empowers individuals to approach the Supreme Court directly if
they believe their fundamental rights are being violated. This provision is a
cornerstone of the Indian legal framework, ensuring that citizens have a
direct means to seek justice and protection against arbitrary actions by the
state.

Article 32 of the Indian Constitution is a fundamental right that allows

individuals to seek judicial enforcement of their rights. It empowers citizens
to approach the Supreme Court directly for the enforcement of their
fundamental rights guaranteed under Part III of the Constitution.

Key Features:

1. **Right to Approach Supreme Court**: Article 32 provides the right to

any person to move the Supreme Court for the enforcement of their
fundamental rights.

2. **Public Interest Litigation (PIL)**: It allows individuals to file PILs,

enabling those unable to approach the court due to socio-economic
constraints to seek justice.

3. **Writ Jurisdiction**: The Supreme Court has the power to issue writs
such as habeas corpus, mandamus, prohibition, quo warranto, and
certiorari for the enforcement of fundamental rights.

4. **No Legislative Limitation**: The right under Article 32 cannot be

suspended except during a national emergency, as per Article 359.
 5. **Complementary to Article 226**: While Article 32 is for the Supreme
Court, Article 226 allows individuals to approach High Courts for similar
reliefs.

### Importance:

- **Guardian of Fundamental Rights**: Article 32 acts as a safeguard for the

enforcement of fundamental rights, ensuring that citizens have a mechanism
to challenge violations.

- **Judicial Activism**: It has played a crucial role in expanding the scope of

fundamental rights through various landmark judgments, enhancing social
justice.

4. The Role of the Supreme Court**

The Supreme Court’s role in enforcing Article 32 has been pivotal. It serves
as the guardian of the Constitution, ensuring that fundamental rights are not
merely theoretical but are actively protected and enforced. Landmark
judgments, such as *Keshavananda Bharati v. State of Kerala*, have
reinforced the significance of Article 32 in upholding the basic structure of
the Constitution. The court’s proactive stance in accepting PILs has
expanded the scope of judicial review and has allowed for greater scrutiny of
governmental actions.

 Dr. Ambedkar called Article 32 as the most important article of the

Constitution-‘an Article without which this constitution would be a
nullity. It is the very soul of the Constitution and the very heart of it’.
The Supreme Court has ruled that Article 32 is a basic feature of the
Constitution. Hence, it cannot be abridged or taken away even by way
of an amendment to the Constitution.
 Constitution contains four provisions:
A. The right to move the Supreme Court by appropriate proceedings
for the enforcement of the Fundamental Rights is guaranteed.
B. The Supreme Court shall have power to issue directions or orders or writs for
the enforcement of any of the fun- damental rights. The writs issued may
include habeas corpus, mandamus, pro- hibition, certiorari and quo-warranto.
C. Parliament can empower any other court to issue directions,
orders and writs of all kinds. However, this can be done without
prejudice to the above powers conferred on the Supreme Court.
Any other court here does not include high courts because Article
226 has already conferred these powers on the high courts.
D. The right to move the Supreme Court shall not be suspended
except as other- wise provided for by the Constitution. Thus the
Constitution provides that the President can suspend the right to
move any court for the enforcement of the fundamental rights
during a national emergency (Article 359).

 Writ of Habeas Corpus: This writ is used to secure the release of a

person who is unlawfully detained.It is Latin term which literally means
‘to have the body of. It is an order issued by the court to a person who
has detained another person, to produce the body of the latter before
it. The court then examines the cause and legality of detention. It
would set the detained person free, if the detention is found to be
illegal. Thus, this writ is a bulwark of individual liberty against arbitrary
detention, The writ of habeas corpus can be issued against both public
authorities well as private individuals. The writ, on the other hand, is
not issued where the (a) detention is lawful, (b) the proceeding is for
contempt of a legislature or a court, © detention is by a competent
court, and (d) detention is outside The jurisdiction of the court.

 Writ of Mandamus: This orders a public authority or government to

perform a duty that it is obligated to perform.It literally means ‘we
command. It is a com mand issued by the court to a public official
asking him to perform his official duties that he has failed or refused to
 perform. It can also be issued against any public body, a corporation,
an inferior court, a tribunal or government for the same purpose. The
writ of mandamus cannot be issues(a) against a private individual or
body; (b) to enforce departmental instruction that does not possess
statutory force; (c) when the duty is discretionary and not mandatory;
(d) to enforce a contractual obligation; € against the president of India
or the state governors; and (f) against the chief justice of a high court
acting in judicial capacity.

 Writ of Prohibition: This directs a subordinate court or tribunal to refrain

from exercising its jurisdiction when it is not legally entitled to do so.
Literally, it means 'to forbid'. It is issued by a higher court to a lower
court or tribunal to prevent the latter from exceeding its jurisdic tion or
usurping a jurisdiction that it does not possess. Thus, unlike mandamus
that directs activity, the prohibition directs inactivity. The writ of
prohibition can be issued only against judicial and quasi-judicial
authorities.It is not available against administrative authorities,
legislative bodies, and private individuals or bodies.
 Writ of Certiorari: This allows the Supreme Court to review the
decisions of lower courts or tribunals to ensure they are acting within
their jurisdiction. In the literal sense, it means 'to be certified' or to be
informed. It is issued by a higher court to a lower court or tribunal
either to transfer a case pending with the latter to itself or to squash
the order of the latter in a case. It is issued on the grounds of excess of
jurisdiction. or lack of jurisdiction or error of law. Thus, unlike
prohibition, which is only preventive, certiorari is both preventive as
well as curative. Previously, the writ of certiorari could be issued only
against judicial and quasi-judicial authorities and not against
administrative authorities. However, in 1991, the Supreme Court ruled
that the certiorari can be issued even against administrative
authorities affect- ing rights of individuals.Like prohibition, certiorari is
also not avail- able against legislative bodies and private individuals or
bodies.
 Writ of Quo Warranto: This is issued to question the authority of a
person holding a public office and to inquire under what authority they
claim to hold that position. In the literal sense, it means 'by what
author- ity or warrant. It is issued by the court to enquire into the
legality of claim of a person to a public office. Hence, it prevents illegal
usurpation of public office by a person. The writ can be issued only in
case of substantive public office of a permanent character created by a
 statute or by the Constitution. It cannot be issued in cases of
ministerial office or private office..Unlike the other four writs, this can
be sought by any interested person and not nec- essarily by the
aggrieved person.

These writs are essential tools for protecting and enforcing the fundamental
rights guaranteed by the Constitution.

In summary, Article 32 is a vital component of the Indian Constitution that

empowers citizens to seek judicial redress for violations of their fundamental
rights, ensuring the protection of civil liberties.