Article 32 of the Indian Constitution, known as the Right to Constitutional Remedies, is a
fundamental right that guarantees every Indian citizen the right to seek remedy from the Supreme
Court (SC) if their fundamental rights (FRs) have been violated158. B.R. Ambedkar considered Article
32 to be the "heart and soul" of the Constitution13456.Key Aspects of Article 32:
Constitutional Remedy: Article 32 provides a swift and effective means for individuals to
seek judicial intervention when the state or any authority infringes upon their fundamental
rights112.
Scope and Application: The Supreme Court's jurisdiction is mandatory when it comes to
violations under Article 321. The article empowers the Supreme Court to issue directives,
orders, or writs for the enforcement of any of the fundamental rights37.
Writs: The Supreme Court can issue writs like habeas corpus, mandamus, prohibition,
certiorari, and quo warranto to protect and enforce fundamental rights23.
Habeas Corpus: Ensures an individual's release from unlawful detention2.
Mandamus: Orders a public official or authority to perform a public duty2.
Prohibition: Prohibits a lower court or tribunal from exceeding its jurisdiction2.
Certiorari: Seeks the quashing of an order passed by a lower court or tribunal2.
Quo Warranto: Inquires into the legality of a person holding a public office2.
Judicial Review: Article 32 empowers the judiciary to examine legislative and executive
actions, preventing infringement on constitutionally guaranteed rights35.
Non-Suspension: The rights guaranteed by Article 32 cannot be suspended, except as
provided by the Constitution during a National Emergency13.
Direct Access to the Supreme Court: Article 32 allows individuals to directly approach the
Supreme Court for redressal if their fundamental rights have been infringed36.
Differences between Article 32 and Article 226:
Article 32 Article 226
Nature of
Right Fundamental right under Part III1 Constitutional right, but not a fundamental right1
Can be suspended during a National
Suspension Emergency under Article 3591 Cannot be suspended, even during an emergency1
Limited scope, applicable only for
remedies if fundamental rights are Broader scope, applicable if either a fundamental right or a
Scope violated1 legal right has been violated1
Territorial Pan India1 Empowers the High Court to issue a writ within its local
1
Article 32 Article 226
Jurisdiction jurisdiction and has a narrower territorial jurisdiction1
Discretionary The Supreme Court cannot refuse Article 226 gives the High Court Discretionary power; hence,
Power rights and remedies under it1 it is up to the High Court’s wisdom to issue a writ or not1
Narrower Jurisdiction: Can issue Wider Jurisdiction: can issue writs not only for the
writs only for the enforcement of enforcement of Fundamental Rights but also for “any other
Jurisdiction Fundamental Rights4 purpose” (Ordinary legal rights)4
Wider Territorial Limitation: SC can Narrower Territorial Limitation: HC can issue writs against a
issue writs against a person or person residing or against a govt or authority located within
Territorial government throughout the its territorial jurisdiction only or outside only if, the cause of
Limitation territory of India4 action arises within its territorial jurisdiction4
Mandatory: Remedy under Article
32 is in itself a Fundamental Right,
Nature of SC may not refuse to exercise its Discretionary: Remedy under Article 226 is discretionary, HC
Remedy writ jurisdiction4 may refuse to exercise its writ jurisdiction4
Historical Context:
Article 32 has its origins in the Indian freedom struggle, with leaders emphasizing the need
for a legal framework to protect citizen's rights6.
The British legal system influenced the drafting of Article 32, with the concept of judicial
review and the ability to issue writs being borrowed from British law6.
