Article 32 of the indian constitution

Article 32: The ‘Heart and Soul’ of the Indian Constitution

In the grand tapestry of the Indian Constitution, where each thread represents a vital principle of governance and liberty, Article 32 stands out as the ultimate guarantor of justice.⁴ It is the provision that transforms the Fundamental Rights from a mere declaration of principles into an enforceable reality. So profound is its importance that Dr. B.R. Ambedkar, the principal architect of the Constitution, described it in the Constituent Assembly with these immortal words

“If I was asked to name any particular article in this Constitution as the most important—an article without which this Constitution would be a nullity—I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it.”

Article 32, titled “Remedies for Enforcement of Rights Conferred by this Part,” is unique because it is itself a fundamental right—the right to directly seek a remedy from the highest court in the land if any other fundamental right is violated.⁵

The Core of the Right: A Direct Path to Justice

The power of Article 32 is encapsulated in its clauses:

• Clause (1): The Guaranteed Remedy: It guarantees the right of every person to move the Supreme Court directly for the enforcement of the rights conferred by Part III (Fundamental Rights).⁶ This is not an appeal route; it is a direct access point for any citizen whose fundamental right has been infringed upon by the State.
• Clause (2): The Armoury of Writs: This clause empowers the Supreme Court to issue appropriate “directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,” whichever may be appropriate for securing justice.⁷ These writs are powerful judicial tools designed to command executive action, review judicial orders, and protect personal liberty.
• Clause (3): Power to Other Courts: It allows Parliament to empower any other court to exercise the writ jurisdiction, though this has never been done.⁸ The intent was to potentially decentralize this power without diminishing the authority of the Supreme Court.
• Clause (4): The Non-Suspension Clause: It declares that the right guaranteed by Article 32 shall not be suspended except as otherwise provided for by the Constitution. This refers to the provisions of a National Emergency under Article 359, but even then, the right to move the court for the enforcement of Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) cannot be suspended.⁹

The Five Powerful Writs: The Tools of Justice

The writs mentioned in Article 32 are traditional remedies borrowed from English common law, each serving a specific purpose:

1. Habeas Corpus (To have the body of): This is a writ of profound importance for personal liberty.¹⁰ It is a command issued by the court to a person or authority that has detained another person, ordering them to produce the body of the detained person before the court. The court then examines the cause and legality of the detention. If the detention is found to be illegal, the court will order the immediate release of the person. It is a powerful bulwark against illegal and arbitrary detention.
2. Mandamus (We command): This writ is issued to a public official, public body, corporation, or a lower court, commanding them to perform a public or statutory duty that they have failed or refused to perform.¹¹ It is a tool to compel action and ensure that public authorities do not neglect their duties.¹² It cannot, however, be issued against a private individual or to enforce a discretionary duty.
3. Prohibition (To forbid): This writ is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.¹³ It is issued while the proceedings are still pending and acts as a preventive measure to keep the lower court within its proper bounds.
4. Certiorari (To be certified or to be informed): While Prohibition is preventive, Certiorari is curative. It is issued by a higher court to a lower court or tribunal to quash an order that it has already passed. This is done on grounds of an excess of jurisdiction, a lack of jurisdiction, or an error of law apparent on the face of the record.
5. Quo Warranto (By what authority or warrant): This writ is issued to inquire into the legality of a person’s claim to a public office. If the court finds that a person is wrongfully holding a public office to which they are not entitled, it can issue the writ of Quo Warranto and declare the office to be vacant.¹⁴ It prevents the illegal usurpation of public office by individuals.

The Democratic Innovation: Public Interest Litigation (PIL)

For decades, the traditional rule of locus standi (the right or capacity to bring an action in court) meant that only the person whose right was violated could approach the court.¹⁵ This created a barrier for the poor and marginalized who lacked the resources or awareness to seek justice.

In the late 1970s and early 1980s, the Supreme Court, through judicial activism, relaxed this rule under Article 32. It began to allow public-spirited citizens, journalists, and social action groups to file petitions on behalf of those whose rights were being violated. This gave birth to Public Interest Litigation (PIL). A letter or postcard addressed to a judge could be treated as a writ petition. PIL has been instrumental in addressing issues of public importance, such as environmental degradation, human rights violations in prisons, child labour, and governmental corruption.¹⁶

The Inviolable Basic Structure

The Supreme Court has repeatedly held that the power of judicial review and the right to constitutional remedies under Article 32 are an integral part of the basic structure of the Constitution.¹⁷ This means that Parliament cannot amend the Constitution to take away or dilute the powers of the Supreme Court under Article 32. This inviolability ensures that the ultimate check on legislative and executive power remains intact.

Conclusion: The Citizen’s Ultimate Safeguard

Article 32 is the constitutional mechanism that makes liberty real.¹⁸ It is the citizen’s ultimate safeguard, providing a direct and powerful remedy against the might of the State. By arming the Supreme Court with the power of writs and by fostering the innovation of PIL, it has ensured that the doors of justice remain open to all. It is, as Dr. Ambedkar envisioned, the very lifeblood of the Constitution, ensuring that the fundamental rights are not just promises on paper but are living, enforceable guarantees for every person