Right to Constitutional Remedies, Article 32, Supreme Court’s Role

The Right to Constitutional Remedies are part of the fundamental Rights mentioned in the Constitution of India. Enshrined as Article 32, the Right to Constitutional Remedies protects the accountability, justice and independent rights. It provides people the right to seek redressal for the violation of rights in order to safeguard the liberties in the democracy. In this article, we are going to cover Article 32, its role and functions and the writs mentioned in the Indian Constitution. 

Right to Constitutional Remedies in India

Article 32 of the Indian Constitution guarantees the Right to Constitutional Remedies, which is itself a Fundamental Right. It serves as a powerful safeguard against the violation of Fundamental Rights by providing citizens with direct access to the Supreme Court for their enforcement. This article ensures legal protection and empowers individuals to seek justice when their rights are infringed.

Right to Constitutional Remedies (Article 32)

Article 32 of the Indian Constitution guarantees the Right to Constitutional Remedies, which empowers an aggrieved citizen to approach the Supreme Court directly for the enforcement of their Fundamental Rights. This Article plays a pivotal role in upholding the sanctity of these rights and includes the following key provisions:

• It guarantees every citizen the right to move the Supreme Court for the enforcement of Fundamental Rights.
• The Supreme Court is empowered to issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for ensuring the protection of Fundamental Rights.
• Parliament may authorize other courts to issue similar directions, orders, or writs. However, this does not dilute the authority of the Supreme Court in this regard.
• The term “any other court” here does not refer to High Courts, as Article 226 already provides them with the power to issue writs independently.
• The right to move the Supreme Court under Article 32 cannot be suspended, except as provided by the Constitution, such as during a National Emergency, when the President may suspend this right.

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Key Points to Understand About Article 32

• Article 32 elevates the right to seek enforcement of Fundamental Rights to the level of a Fundamental Right itself, thereby making these rights meaningful and enforceable.
• Dr. B.R. Ambedkar famously described Article 32 as the “heart and soul” of the Constitution, emphasizing its critical importance.

• It positions the Supreme Court as the ultimate protector and guarantor of Fundamental Rights.

• The Court is vested with original and wide, but not exclusive powers in this domain:
  • Original Powers: Citizens can approach the Supreme Court directly without needing to go through lower courts.
  • Wide Powers: The Supreme Court’s authority includes not only issuing directions or orders but also any kind of writ for enforcement.
  • Not Exclusive: These powers are concurrent with those of other courts empowered by Parliament—most notably, High Courts under Article 226 also hold writ jurisdiction.
• It is important to note that only Fundamental Rights, not other legal or constitutional rights, can be enforced under Article 32.

Supreme Court’s Role in the Right to Constitutional Remedies

The Supreme Court has declared the Right to Constitutional Remedies as a basic feature of the Constitution, meaning it cannot be altered or removed even through a Constitutional Amendment Act.

Writs under the Indian Constitution

Writs are formal written orders issued by a court to uphold the Fundamental Rights of citizens and address legal wrongs. Both the Supreme Court (under Article 32) and the High Courts (under Article 226) are empowered to issue these writs.

The concept of writs has been adopted from the British legal system, where they are known as Prerogative Writs.

The Constitution of India provides for five types of writs:

• Habeas Corpus
• Certiorari
• Prohibition
• Mandamus
• Quo Warranto