Article 32

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article

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Article 32 of the Constitution of India is one of the most crucial and fundamental provisions that empowers individuals to directly approach the Supreme Court of India for the enforcement of their fundamental rights. It is regarded as a cornerstone of the Indian Constitution, as it provides a powerful remedy to safeguard and protect the fundamental rights of citizens.

Article 32: Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or 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 of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.”

Key Features and Significance

  1. Right to Constitutional Remedies: Article 32 guarantees the right to constitutional remedies. It means that if any individual’s fundamental rights, as enshrined in Part III of the Constitution (Fundamental Rights), are violated or threatened, they have the right to seek redressal directly from the Supreme Court.
  2. Broad Scope of Remedies: The Supreme Court has the power to issue various types of writs, such as habeas corpus (to produce a person detained unlawfully), mandamus (to compel public officials to perform their duties), prohibition (to prevent lower courts from exceeding their jurisdiction), quo warranto (to inquire about the legality of a person holding a public office), and certiorari (to quash an order passed by an inferior court).
  3. Applicability to Fundamental Rights: Article 32 specifically applies to the enforcement of fundamental rights provided in Part III of the Constitution. These fundamental rights include the right to equality, right to life and personal liberty, right to freedom of speech and expression, and many others.
  4. Suspension During Emergency: While Article 32 guarantees the right to constitutional remedies, it is not absolute. During a proclamation of Emergency under Article 352, the right to move the Supreme Court under Article 32 can be suspended (except for the enforcement of rights under Articles 20 and 21).
  5. Protecting Citizens’ Rights: Article 32 serves as a safeguard against any violation of fundamental rights by the state or any other authority. It ensures that citizens have a direct route to seek protection from the highest court of the land when their rights are at stake.

Conclusion

Article 32 of the Constitution of India is a potent provision that upholds the importance of fundamental rights and their protection. It empowers individuals to approach the Supreme Court directly when their rights are infringed, ensuring a vital check and balance in the Indian democracy. This provision plays a critical role in safeguarding the rights and liberties of citizens, thereby reinforcing the principles of justice, equality, and the rule of law in the country.