Article 32: Safeguarding Fundamental Rights Through Writ Jurisdiction in India

Article 32 of the Indian Constitution, hailed as the “heart and soul” by Dr. B.R. Ambedkar, provides  remedies for enforcing Fundamental Rights. It guarantees direct access to the Supreme Court for individuals seeking redressal against rights violations. This article ensures that any breach of Fundamental Rights can be challenged effectively and highlights the role of judicial review in upholding constitutional protections.

Article 32 and Writ Jurisdiction: Protecting Fundamental Rights in India

Importance of Article 32

• Article 32 of the Indian Constitution, often referred to as the “heart and soul” by Dr. B.R. Ambedkar, stands as a crucial constitutional provision providing an efficient mechanism for enforcing rights in case of a breach. 
• It serves as the guardian of Fundamental Rights, offering both a theoretical declaration and a practical avenue for redressal.
• Supreme Court’s Ruling on Article 32: The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. 
  • Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution. 

• Provisions of Article 32: It contains the following four provisions:
  • Right to Approach the Supreme Court: The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
  • Power to Issue Writs: 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
  • Empowerment of Other Courts: Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 ). 
  • But no such provision has been made so far, only the Supreme Court and the High Courts can issue writs.
• Non-Suspension of Rights Under Article 32: The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
• Direct Access to the Supreme Court: Designed to protect and uphold Fundamental Rights, Article 32 allows direct access to the Supreme Court for individuals seeking redressal for infringements. 
  • This accessibility makes the right to constitutional remedies enforceable and practical.
• Role in Judicial Review: Incorporating the concept of judicial review, central to democracy, Article 32 empowers the judiciary to examine legislative and executive actions, preventing any infringement on Constitution-guaranteed rights. 
  • This power ensures a system of checks and balances crucial for democratic functioning.
• Deterrent Against Arbitrary Action: Article 32 acts as a deterrent against arbitrary state action, signaling that any infringement of Fundamental Rights can be legally challenged in the Supreme Court. 
  • Even during emergencies, when some rights can be suspended, the right to move the Supreme Court under Article 32 remains intact, showcasing the resilience of fundamental rights.

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Writs And Their Uses

Writ Jurisdiction of the Supreme Court and High Courts: The Indian Constitution empowers the Supreme Court (Article 32) and High Courts (Article 226) to issue writs for the enforcement of the fundamental rights of individuals. 

• Differences in Writ Jurisdiction: But there are some differences in the writ jurisdiction of the Supreme Court and the High Courts:
• Enforcement:  The Supreme Court has a narrower writ jurisdiction as it can issue writs only to enforce fundamental rights whereas a High Court can issue writs for the enforcement of fundamental rights and of any other ordinary legal right.
• Territorial Jurisdiction: The Supreme Court has a wider territorial jurisdiction as it can issue writs against a person or an authority throughout the territory of India whereas a State High Court can issue writs against a person or authority situated in that particular state. 
• A High Court can issue writs outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
• Discretion: The Supreme Court may not refuse to exercise its writ jurisdiction as the remedy under Article 32 is in itself a fundamental right. 
  • Hence, the Supreme Court is the defender and guarantor of the fundamental rights. 
  • On the other hand, a High Court may refuse to exercise its writ jurisdiction under Article 226.
• Importance: These writs serve as important tools for the judicial review of administrative actions and for the protection of individual rights against arbitrary governmental actions. 
•  Role of Writs: They are instruments that ensure the rule of law is maintained and that any abuse of power is checked.
• Types of Writs

Habeas Corpus

• Meaning: “To have the body of.”
• Use: It is used to release a person who has been unlawfully detained or imprisoned. 
  • Purpose of Habeas Corpus: Through this writ, the court orders the detaining authority to bring the detained person before the court to determine the legality of detention. 
  • Restrictions on Habeas Corpus: Not issued when detention is lawful, contempt of court or legislature, by a competent court, or outside court jurisdiction.

Mandamus

• Meaning: “We command.”
• Use: It commands a public authority to perform a public or statutory duty. 
  • Purpose of Mandamus: This writ is issued when a lower court, a government officer, corporation, or any public authority has failed or refused to fulfill its duty. 
  • Restrictions on Mandamus: Not issued against private individuals, for non-statutory departmental instructions, discretionary duties, contractual obligations, the President, State Governors, or Chief Justice acting judicially.

Prohibition

• Meaning: “To forbid.”
• Use: It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction it does not possess. 
  • Scope of Prohibition: The writ of prohibition is only issued against judicial and quasi-judicial authorities. 
  • Restrictions on Prohibition: Not available against administrative authorities, legislative bodies, private individuals, or bodies.

Certiorari

• Meaning: “To be certified” or “To be informed.”
• Use: It is used by a higher court to review the decision of a lower court or tribunal. 
  • Purpose of Certiorari: It can be issued to quash a decision that has been made without jurisdiction or in violation of the rules of natural justice. 
  • Scope: Initially against judicial and quasi-judicial authorities, it was extended to administrative authorities in 1991. 
  • Restrictions of Certiorari: Not available against legislative bodies, private individuals, or bodies.

Quo Warranto

• Meaning: “By what warrant?”
• Use: This writ is used to challenge the legality of a person’s claim to a public office. 
  • Purpose of Quo Warranto: It restrains the person from acting in an office to which he/she is not entitled and asks them to show by what authority they hold the office. 
  • Scope: Applicable to substantive public offices of a permanent character created by statute or the Constitution. 

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• • Eligibility for Quo Warranto: Can be sought by any interested person, not necessarily the aggrieved person.

Conclusion

Article 32 remains vital for protecting Fundamental Rights, offering an essential legal remedy through writs issued by the Supreme Court. 

• While it acts as a safeguard against arbitrary state action, it also supports the rule of law by enabling judicial review. 
• Balancing its use with the need for effective governance is crucial to maintaining both individual rights and government efficiency.

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