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Article 32 under the Indian Constitution– Right to the Constitutional Remedies

Narendra Kumar

| Updated: Mar 30, 2019 | Category: Legal, Legal Law

Article 32 under the Indian Constitution

Article 32 offers the right for Constitutional remedies. It means that everyone has the right for moving to high courts and the Supreme Court to acquire the fundamental rights secured.  It is well-recognized fact that the Supreme Court has the full power for issuing writs exactly under the article. When it comes to High Courts, they have the same powers as the Supreme Court under article 226. In this article, we will discuss Article 32 under the Indian Constitution – Right to the Constitutional Remedies.

What is the concept and major purpose of the article?

The Indian constitution’s Article 32 brings all rights for you to go to the Supreme Court for seeking justice exactly when you feel that your right is unduly deprived. In fact, the apex court is offering the authority for issuing orders or directions for the implementation of rights offered by the constitution.  It is because they can be considered both the guarantor and protector of the Fundamental rights.

Underthis article, even the parliament can entrust the other courts to exercise the power of the Supreme Court, offered that it is available within the Jurisdiction. If there is any amendment of Constitution, all rights assured by this Article never been suspended.

In simple words, the assured rights are guaranteed to people for the enforcement of basic rights by the article. It is because the law offers the desired right to people to approach directly the Supreme Court with no lengthy process of going to lower courts at first.  It is essential to know that the key purpose of the Writ Jurisdiction under this article is an enforcement of the Fundamental Rights.

What is the significance of this article?

Article 32 is called as soul and very heart of constitution by Dr. Ambedkar.  The Supreme Court includes this line in the fundamental structure doctrine. Also, it makes obvious that the right for moving to the Supreme court never suspended apart from otherwise offered by the Indian constitution. It implies that the right suspended during the national emergency exactly under article 359.

This article is invoked to acquire the remedy related to the fundamental rights. It is truly not there for other legal or constitutional right for that various laws are obtainable.

This article makes the Supreme Court both the guarantor and defender of fundamental rights. Also, power for issuing writs actually comes under the original jurisdiction of the Supreme Court[1]. It means that anyone may approach the Supreme Court for the remedy.

Remedies for the enforcement of rights

  • The right for moving to Supreme Court by suitable proceedings for enforcement of rights is guaranteed
  • The Supreme Court has power for issuing writs or order or directions
  • With no prejudice to powers conferred on the Supreme Court by clause ( 2 ) and ( 1 ), Parliament may by the law empower other courts for exercising within the local limits of its jurisdiction.
  • The right assured by this article is not suspended

Nature of the Writ Jurisdiction

It offered under the article is called discretionary. Here are key factors to guide the discretion as follow:

Factor  guiding this discretion Meaning
Alternative Relief Remedies actually sought in the lawsuit in alternative or different forms
Locus Standi Right to provide the action or to be simply heard earlier to a court
Questions of Fact An issue which involves the resolution of any factual controversy or dispute
Laches A defense for the equitable action,  which bars recovery by plaintiff due to the undue delay of the plaintiff is looking for a relief
Res Judicata A case which is decided

What are the major kinds of Writs?

There are roughly about 5 kinds of Writs provided under Article 32 of Indian constitutions which are listed below:

  • Prohibition

This writ is directing the lower court to conclude doing certain things that the law completely prohibits it from performing. The main purpose of the prohibition is to prevent the inferior court from surpassing its jurisdiction or completely from acting opposing to the Natural Justice rules.

  • Quo Warranto

It is actually invoked in the public offers. It is actually issued for restraining individuals from acting in the public offer to that they are not entitled to. It is not issued against the administrator who is selected by the government for managing the Municipal Corporate. Appointment to the public officer is challenged by any individual irrespective of the reality if or not their legal or fundamental rights are infringed.

  • Certiorari

It means to be fully certified. This writ is issued actually where there is any wrongful exercise of jurisdiction, as well as a decision of the case, is according to it.

  • It is moved to the higher courts such as the Supreme Court or High Court by affected individuals
  • There are many platforms for the Writ issue of Certiorari.  It is not fully issued against completely ministerial or administrative orders. 
  • It is only issued against the quasi-judicial or judicial orders.
  • Habeas Corpus

It is an essential writ developed for personal liberty. Its main purpose is for seeking relief from unlawful detention of a person.  

  • It brings you protection from being critically harmed by any administrative system.
  • It is also used to protect the independence of people against the arbitrary state action that violates the basic rights under the articles 22, 21 and 19 of Indian constitution
  • It offers instant relief while you experiencing any unlawful detention.
  • Mandamus

It is issued for the proper performance of both mandatory and ministerial duties. This write is also issued by the superior court to either a government officer or lower court.  Though, it is not issued against the Governor and President. 

  • The main purpose of this wrist is to makes that the duties or powers never misused by the executive or administration and are satisfied duly
  • It protects the people from any misuse of the authority by administrative bodies
  • The mandamus is neither the writ of course nor will the writ of right but it is granted if the job is in nature of the public duty and it particularly affects the basic right of a person, offered there is no any other appropriate remedy
  • If you are applying for the mandamus, you must be ensuring that you have the legal right for compelling an opponent for doing or refraining from performing anything.

What are the amendments to this article?

The clauses of anti-freedom are included in Article 32 by 42nd Amendment. This kind of amendment is developed during the emergency time when it is passed for reducing the jurisdiction of High Courts and Supreme Courts indirectly and directly for reviewing the application of basic rights. 

The 43rd amendment of Indian Constitution is passed that repealed Article 32A instantly affect the emergency time is revoked. By following this amendment, the Supreme Court gained more power again for quashing the state laws. In addition, the High Court received the power for questioning the constitutional validity of the central laws.

Conclusion:

All the constitutional remedies offered to the people are powerful orders equipped with instant effect.  Every writ is invoked completely against the state and is issued while PIL is filed. Article 32 of the Indian constitution brings the right for moving the Indian Supreme court by precise proceedings for the enforcement of rights conferred by Part III of the Indian Constitution.

Read our article:Consumer Protection Laws in India

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Narendra Kumar

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