Article 32 of Constitution of India
Article 32 of the Constitution of India
1. Text of Article 32
Article 32 provides:
Clause (1): The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
Clause (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.
Clause (3): Parliament may empower any other court to issue directions, orders, or writs for the enforcement of these rights.
Clause (4): The right guaranteed by this article shall not be suspended except as otherwise provided by the Constitution.
2. Significance and Nature
Article 32 is known as the “Heart and Soul” of the Indian Constitution (as described by Dr. B.R. Ambedkar).
It guarantees constitutional remedy for the enforcement of Fundamental Rights.
It grants individuals the right to approach the Supreme Court directly when their Fundamental Rights are violated.
This Article is itself a Fundamental Right and cannot be taken away except during Emergency under Article 359.
3. Writ Jurisdiction
Article 32 empowers the Supreme Court to issue five types of writs:
| Writ | Purpose |
|---|---|
| Habeas Corpus | To produce a person unlawfully detained before the court. |
| Mandamus | To command a public authority to perform a public duty. |
| Prohibition | To prohibit a lower court or tribunal from exceeding jurisdiction. |
| Quo Warranto | To question a person holding a public office without legal authority. |
| Certiorari | To quash an order or decision of a lower court or authority. |
4. Scope
The Article allows enforcement of Fundamental Rights only (i.e., those rights contained in Part III of the Constitution).
It is a remedy for the protection of Fundamental Rights.
The Supreme Court acts as the guardian and protector of Fundamental Rights through Article 32.
It ensures effective and speedy justice when these rights are violated.
5. Important Case Laws
Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court described Article 32 as the "heart and soul" of the Constitution.
Held that the right to constitutional remedy under Article 32 cannot be taken away even by constitutional amendments that violate the basic structure.
Reinforced the basic structure doctrine.
Maneka Gandhi v. Union of India (1978)
Expanded the scope of Article 21 (Right to Life and Personal Liberty).
Emphasized the importance of Article 32 as a safeguard to enforce fundamental rights.
Highlighted that the right to life includes the right to live with dignity and personal liberty.
Hussainara Khatoon v. State of Bihar (1979)
Highlighted the significance of Article 32 in protecting personal liberty of undertrial prisoners.
The Court ordered speedy trials, stating that prolonged detention without trial violates Article 21 and can be challenged via Article 32 petitions.
Minerva Mills v. Union of India (1980)
Held that Article 32 is a basic feature of the Constitution and cannot be abrogated by any amendment.
Reinforced the importance of judicial review and protection of fundamental rights.
6. Comparison with Article 226
Article 32 allows the Supreme Court to issue writs only for Fundamental Rights.
Article 226 empowers High Courts to issue writs for enforcement of Fundamental Rights and any other legal rights.
Article 32 provides direct access to the Supreme Court, whereas Article 226 provides writ jurisdiction to High Courts.
7. Procedure to File a Petition under Article 32
Any person whose fundamental rights are violated can file a petition.
The petition must specify the fundamental right violated.
The Supreme Court can entertain Public Interest Litigations (PILs) under Article 32.
On admission, the Court can issue writs, directions, or orders.
8. Suspension of Article 32
Article 32 can only be suspended during a National Emergency as per Article 359.
During such suspension, the right to approach the Supreme Court for enforcement of fundamental rights is curtailed temporarily.
9. Summary
| Aspect | Description |
|---|---|
| Nature | Fundamental right and remedy for enforcement of Fundamental Rights |
| Court | Supreme Court |
| Purpose | Enforcement of Fundamental Rights |
| Writs | Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari |
| Accessibility | Direct access to Supreme Court |
| Suspension | Only during National Emergency |
| Landmark cases | Kesavananda Bharati, Maneka Gandhi, Hussainara Khatoon, Minerva Mills |
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