Article 32 of Indian Constitution

Article 32 of Indian Constitution

Recently, a Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.

About the Article 32 of Indian Constitution

Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.

It states that the Supreme Court “shall have 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”.

The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.

The Article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.

Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.

Violation of fundamental rights

The fundamental rights of citizens are the basic human rights, constitutional guarantees of liberty that all Indians possess. These rights can be violated on grounds of deficiency in some statute or by actions taken by the government or its agencies. There are five kinds of writs that seek to protect these fundamental rights.

1. Habeas corpus: It is issued against the illegal detentions and wrongful arrests to ensure personal liberty and considered as one of the most important writs for personal liberty.

1. Mandamus:It is issued against public officials, governments, courts to perform a statutory duty
2. Certiorari:Issued for re-examination of an order or decision by judicial, quasi-judicial or administrative authorities.
3. Prohibition: Issued for directing judicial or quasi-judicial authorities to stop from going ahead with certain proceedings to ensure that it does not exceed its jurisdiction.
4. Quo warranto:It is issued to prevent people from assuming positions in public office when she or he is not entitled to it.