One of the fundamental rights guaranteed by Article 32 of Indian Constitution is the right to constitutional remedies. One of the most important clauses in the Constitution allows Indian citizens to directly petition the Supreme Court for the defense of their fundamental rights. Let’s examine Article 32’s contents in more detail and the reasons it is so crucial to India’s legal system.
Nature of Writ Jurisdiction under Article 32 of Constitution of India
| Factors Guiding the Discretion | Meaning |
| Locus Standi | Right to bring an action or to be heard before a court. |
| Alternative Relief | A lawsuit seeks remedies in a variety of alternative forms. |
| Res Judicata | A case that has been decided. |
| Questions of the Fact | a problem involving the settlement of a factual disagreement or controversy. |
| Laches | A defense to an equitable action that prevents the plaintiff from recovering because he or she waited too long to seek relief. |
About Article 32 of Indian Constitution
Democracy is in jeopardy when the law is used as an instrument of oppression rather than as a tool for equality. Article 32, which addresses the “Right to Constitutional Remedies,” upholds a person’s ability to petition the Supreme Court (SC) through the proper channels to have their rights granted in Part III of the Constitution enforced.
Regarding the implementation of an individual’s rights, Article 32 of the Indian Constitution is regarded as one of the most significant provisions. It allows people the right to go to court and seek justice if they believe their rights have been violated or “unduly deprived.” The Supreme Court has the authority to enforce a person’s constitutionally granted rights.
Since the main goal of Writ Jurisdiction under Article 32 is to enforce fundamental rights, people are guaranteed an assured right under the statute to the protection of fundamental rights, including the right to immediately approach the Supreme Court without first going through a more drawn-out legal process through the lower courts.
“It is the very soul of the Constitution and the very heart of it,” stated Dr. B.R. Ambedkar, “if I were asked to name any particular article in this Constitution as the most important—an article without which this Constitution would be a nullity.”
Types of Writs
- Prohibition: It is a writ ordering a subordinate court to cease acting illegally. Its primary goal is to stop a subordinate court from acting outside of its authority or against Natural Justice principles.
- Habeas Corpus: “You have the Body” is a key writ for personal liberty. The primary purpose of this writ is to obtain relief from an individual’s unauthorized detention. It safeguards an individual’s liberty against arbitrary state action that violates their fundamental rights, as guaranteed by Articles 19, 21, and 22 of the Constitution, as well as harm caused by the administrative system. This writ provides prompt relief in cases of unjustified incarceration.
- Quo Warranto: This writ is used in situations involving public offices, and its purpose is to prevent someone from acting in a capacity to which they are not legally entitled. A writ of quo warranto can be filed against the Chief Minister’s office, even though “office” in this context differs from “seat” in the legislature. However, a quo warranto cannot be filed against a Chief Minister if the petitioner cannot show that the minister was improperly appointed or is not legally qualified to hold the position.
- Mandamus: A superior court issues this writ to a lower court or government official to ensure that mandated and purely ministerial duties are properly carried out. Its primary goal is to ensure that the executive and administrative branches do not abuse their authority and that their duties are properly carried out. Furthermore, it protects the general public from administrative bodies that abuse their power.
Concept and Purpose of Article 32 of the Constitution of India
According to Article 32 of the Indian Constitution, anyone who believes their right has been “unduly deprived” is entitled to file a case in the Supreme Court to seek justice. Because it is regarded as “the protector and guarantor of Fundamental Rights,” the Supreme Court has the power to give instructions or orders for the implementation of any rights granted by the Constitution.
Amendments to Article 32
By the 42nd Amendment, “anti-freedom” clauses were add to Article 32. This particular amendment was passed during the state of emergency to “both directly and indirectly” lessen the Supreme Court’s and the High Court’s authority to review how fundamental rights were applied. After the emergency was declared over, the Indian Constitution’s 43rd amendment was passed, immediately repealing Article 32A. The Supreme Court was once again able to overturn state laws after the amendment. Additionally, the High Courts have the authority to contest central laws’ constitutionality.
FAQ’s
Q1. To whom may an Article 32 petition be submitted?
Ans. According to Article 32, anyone whose fundamental rights have been infringed may file a writ petition.
Q2. What are Article 32’s five writs?
Ans. Habeas corpus, mandamus, quo warranto, certiorari, and prohibition are the five different categories of writs.
Conclusion
Article 32 of Indian Constitution, often referred to as the “Heart of the Constitution,” guarantees citizens access to justice and protects fundamental rights. This provision allows individuals to seek direct recourse in the Supreme Court, protecting them from rights violations. Its importance is paramount in maintaining democracy and ensuring legal equality.
