Articles 32 of the Indian Constitution constitute the Right to Constitutional Remedies, which
is regarded as the very foundation of the Constitution itself, The statute offers citizens the
ability to address the Supreme Court for protection of their basic rights when those rights are
being violated, This paper examines the importance, scope, and practical operation of this
pivotal right in defending individual liberties and balancing government powers and personal
freedoms.
It traces back the historic antecedents of Article 32 and discusses in detail several
writs-of habeas corpus, mandamus, prohibition, certiorari, and quo warranto-through which
citizens can have redress for violations of their civil rights, This work illustrates through
landmark cases how far-reaching Article 32 has been in the assertion of judicial power as
protector of fundamental rights.
This research paper attempts a comprehensive examination of the steps by which this right
has evolved from a simple procedural safeguard to a mighty instrument of social justice and
reform, especially through the growing cause of Public Interest Litigation (PIL), This paper
considers the interaction between Article 32 and some of the key contemporary challenges
that include issues on rights in the digital world, privacy, and freedom of speech.
Therefore, it
brings a rare insight into how the judicial organ responds to some emerging violations of
rights in the increasingly sophisticated socio-technological scenario, It addresses, therefore,
procedural and structural barriers to access to justice in terms of judicial delay and costs and
ongoing debates on judicial activism and the relative balance of power between the judiciary
and the state.
By assessing the broader implications of Article 32, this study highlights its essential role in
maintaining the equilibrium between government authority and individual liberties within
India’s constitutional framework,
Introduction
Article 32 of the Constitution of India is often referred to as the "heart and
soul of the Constitution," a term attributed to Dr. B.R. Ambedkar. It empowers
individuals to directly approach the Supreme Court of India for the enforcement
of their fundamental rights. This provision guarantees the right to
constitutional remedies, serving as a vital mechanism to uphold and protect the
fundamental rights enshrined in Part III of the Constitution.
Under Article 32, the Supreme Court is vested with the authority to issue writs
for enforcing fundamental rights. These writs include habeas corpus, mandamus,
prohibition, quo warranto, and certiorari, each designed to address specific
types of grievances and ensure justice. Article 32 not only provides judicial
recourse for rights violations but also establishes the Supreme Court as the
guardian of fundamental rights.
This article underscores the importance of judicial review as an essential
aspect of Indian democracy, ensuring that no legislation or executive action
infringes upon the constitutionally guaranteed rights of individuals. By
enabling citizens to seek direct redressal, Article 32 fosters accountability
and reinforces the rule of law in the country.
There are five writs which follow as:
- Habeas Corpus (Latin: You shall have the body)
- Purpose: To safeguard an individual's right to personal liberty by protecting them from unlawful detention.
- When it is issued: If a person is detained or imprisoned without legal justification, the court can order the authority to present the detained person before it and provide valid reasons for the detention.
- Example: If someone is detained without due process or proper legal grounds, their family or friends can file a habeas corpus petition.
- Mandamus (Latin: We command)
- Purpose: To compel a public official, government body, or a lower court to perform their duty when they fail to do so.
- When it is issued: When a public authority refuses to perform its statutory or public duty or acts contrary to the law.
- Example: If a government department delays issuing a license or permit that a citizen is entitled to by law, the court can order them to act.
- Limitation: Mandamus cannot be issued against private individuals, the President, or Governors exercising their constitutional functions.
- Prohibition
- Purpose: To prevent lower courts or quasi-judicial
bodies from exceeding their jurisdiction or acting outside their
authority.
- When it is issued: When a court or tribunal takes
up a matter it has no legal authority to handle.
- Example: If a tribunal tries a criminal case that is beyond its jurisdiction, the higher court can issue a writ of prohibition to stop the proceedings.
- Certiorari (Latin: To be certified)
- Purpose: To quash the decision or order of a lower court, tribunal, or quasi-judicial body that acted beyond its jurisdiction or violated the principles of natural justice.
- When it is issued: After a lower authority has delivered a judgment or order that is illegal or beyond its power.
- Example: If a tribunal passes a decision without giving one party a fair hearing, the High Court or Supreme Court can nullify it via certiorari.
- Quo Warranto (Latin: By what authority)
- Purpose: To challenge the legality of a person's claim to a public office.
- When it is issued: When a person occupies a public office without fulfilling the necessary qualifications or violates the legal requirements of that office.
- Example: If someone is appointed to a government post without meeting eligibility criteria, a quo warranto writ can be filed to question their authority.
Summary
- These writs collectively ensure the protection of fundamental rights, uphold the rule of law, and prevent misuse or overreach of power by public authorities.
- They empower citizens to seek immediate relief from judicial authorities in case of rights violations or administrative failures.
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