Understanding the Power and Limits of Article 32: A Human Perspective on Enforcing Fundamental Rights

Article 32 of the Constitution confers power on the Supreme Court to issue directions, 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 rights conferred by Part III.

The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III is guaranteed; that is to say, the right to move the Supreme Court under Article 32 for the enforcement of any of the rights conferred by Part III of the Constitution is itself a fundamental right.

Article 32 cannot be used as a substitute for the enforcement of rights and obligations which can be enforced efficaciously through the ordinary process of courts, civil and criminal. A money claim has therefore to be agitated and adjudicated upon in a suit instituted in a Court of the lowest grade competent to try it.

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