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

The Right to Constitutional Remedies is one of the most powerful safeguards provided by the Indian Constitution. Enshrined in Article 32, it enables citizens to directly approach the Supreme Court of India when their Fundamental Rights are violated. By making remedies itself a Fundamental Right, the Constitution ensures that rights are not merely theoretical but practically enforceable in a democratic system.

What Is the Right to Constitutional Remedies?

• The Right to Constitutional Remedies allows an aggrieved person to seek judicial redress directly from the Supreme Court for the enforcement of Fundamental Rights.
• Unlike other legal remedies, this right does not require citizens to approach lower courts first.
• It strengthens constitutional governance by ensuring that violations of Fundamental Rights can be challenged swiftly and effectively, reinforcing the rule of law and accountability of the state.

Article 32: Meaning and Provisions

• Article 32 guarantees every citizen the right to move the Supreme Court for enforcement of Fundamental Rights.
• It empowers the Court to issue directions, orders, or writs for this purpose. Parliament may authorise other courts to issue writs, but this does not reduce the authority of the Supreme Court
• . Importantly, the jurisdiction under Article 32 applies only to Fundamental Rights, not to other constitutional or legal rights. This provision ensures a strong and direct constitutional remedy.

Heart and Soul of the Constitution

• B. R. Ambedkar described Article 32 as the “heart and soul of the Constitution”.
• This is because Fundamental Rights would be meaningless without effective enforcement mechanisms.
• Article 32 transforms rights into enforceable guarantees and positions the Supreme Court as the ultimate guardian of constitutional liberties.
• Without this provision, citizens would lack a direct and effective tool to challenge state excesses.

Supreme Court’s Role under Article 32

• The Supreme Court plays a central role as the protector and guarantor of Fundamental Rights. Its powers under Article 32 are original, allowing citizens to approach it directly.
• These powers are wide, as the Court can issue any appropriate writ, order, or direction. However, they are not exclusive, since High Courts also exercise writ jurisdiction under Article 226.
• The Supreme Court has further held that Article 32 forms part of the basic structure, and therefore cannot be taken away even by constitutional amendment.

Writs under the Indian Constitution

• Writs are formal judicial orders issued to protect Fundamental Rights.
• The concept of writs is borrowed from the British legal system, known there as Prerogative Writs. Both the Supreme Court under Article 32 and High Courts under Article 226 can issue writs.
• The Constitution recognises five types of writs, each serving a distinct purpose in safeguarding rights and legality.

Types of Writs Explained

• Habeas Corpus means “to produce the body” and is used to protect personal liberty against illegal detention.
• Mandamus is issued to compel a public authority to perform a legal duty.
• Prohibition prevents a lower court or tribunal from exceeding its jurisdiction.
• Certiorari is used to quash an order of a lower court or tribunal acting beyond its authority.
• Quo Warranto questions the legality of a person’s claim to a public office, ensuring accountability in public appointments.

Suspension of Article 32

• The right to move the Supreme Court under Article 32 cannot normally be suspended.
• However, during a National Emergency, the President may suspend the enforcement of Fundamental Rights (except Articles 20 and 21), which indirectly affects the operation of Article 32.
• This highlights the extraordinary nature of emergency provisions in the Constitution.

Question

Q. Which Article of the Indian Constitution guarantees the Right to Constitutional Remedies?

A. Article 21
B. Article 226
C. Article 32
D. Article 136