Article 32 of the Indian constitution

Section 32 of the Indian Constitution gives individuals the right to apply to the Supreme Court to obtain justice. The right to move the Supreme Court through appropriate procedures with respect to the application of the rights conferred by this Part is guaranteed. The rights guaranteed under this Article shall not be suspended unless otherwise provided in this Constitution. The Assembly voted unanimously on the significance of the article. They used words like “the division of the Crown” and “the very soul…and the heart of the Constitution”.

Table of Contents

What is Article 32 of the Constitution?

Article 32 gives every person the right to go to the Supreme Court to seek justice. Article 32 contains our fundamental rights. It is a fundamental right which provides remedies to citizens to protect their violated fundamental rights at the time of the violation of other fundamental rights and under the powers of this article, the Supreme Court protects the fundamental rights of its citizens. Dr Ambedkar had said, “Without this the Constitution is meaningless, Article 32 is the “Soul and Heart” of the Constitution. ‘Article 32 is suspended when the President declares urgency in accordance with Article 359. This article applies where there is a violation of fundamental rights and cannot be denied by the Supreme Court. Section 32 is in part III of the Indian Constitution

Right to constitutional remedies:

Dr Ambedkar said that ‘Article 32 is known as the “spirit of the constitution and exceptionally of it.’ Top Court has included it in fundamental structure regulation. It is clarified that the privilege to move to Supreme Court can’t be suspended amid a national crisis under article 359.
Article 32 makes the Supreme Court safeguard and underwriter of significant rights. So the capacity to issue writs goes under the original jurisdiction of the Apex Court. This implies that individuals may approach SC straightforwardly for a cure instead of by appeal.
Article 32 can be used only to get remedies for fundamental rights enshrined in Articles 12-35. It isn’t there for some other legal request for which various laws are accessible.

What is WRIT?

In India, Under Article 32, the constitution provides the Supreme Court with the power to issue the Writ. Under Article 226, the power to issue Writs is also provided to the High Courts of India. The citizens also have the right to approach the High Court for the issue of Writs in other matters where fundamental rights are not violated. In short, writs are written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens.

There are 5 types of the writ:

So let us know the Indian Constitution provides 5 types of writs which can be issued by the courts are:

1. Habeas Corpus:

Habeas corpus means to present with the body. When a person is arrested, the court can order habeas corpus, which means that the person must be produced before a magistrate within 24 hours of arrest. If the court finds the person arrested illegally, it can order him to be released.

RULES RELATING TO HABITS CORPORATE :

The applicant must be in the custody of another
Courts can take wide cognizance of information from any source and act accordingly in the public interest.
Writ cannot be issued to different Judges of the same Court in succession.
Habeas corpus is applicable when the arrest made by the police does not follow the procedure required by law.

2. Quo Warranto:

The question of authority means “What is your authority?”This writ is issued by when a person acts on a public position without permission, the court obtains information on their rights by the means of this writ,

Conditions for Issuance of a Writ of Security of Quo:

It must be a public charge that was wrongly assumed.
It was established by legislation or by the Constitution.
The duties arising out of this position are public.
The mandate should be of a standing nature and should not be terminated at the pleasure of any person or authority.
The person being served with the writ should have possession of the charge.

3. Mandamus:

Mandate means “we command.” This order is issued when a government or any of its instrumentalities or subordinate tribunal or corporation or public authority fails to discharge its duty. The court then orders the performance of legal duties in this type of order.

These mandamus writs may be issued on: –

The right should be recognized by law.
The Applicant’s right was infringed.
The petitioner has demanded performance duty but it has not been performed
A writ of mandamus is not issued for anticipatory damages.

4. Certiorari:

Writ of the writ is issued by the Supreme Court or High Court to set aside an order passed by a subordinate court, tribunal or quasi-judicial authority.

The conditions required to issue certiorari are as follows:

The organization or person has statutory authority;
It has to affect people’s rights.
Having a duty to bring legal action;
Action must extend beyond their authority.

Reasons for the certiorari order:-

Jurisdictional error.
Lack of expertise.
Excessive competence.
Abuse of competence.
Obvious legal error in relation to the file.

5. Prohibition:

The injunction means to stop it also known as ‘stay order’. By this right, the High Court or the Supreme Court orders its subordinate court, or quasi-judicial system, to stop the proceedings. After the issue of this writ, the proceedings in the subordinate court are terminated.

The prohibition order can be issued for the following reasons:

The lower court stepped outside its jurisdiction;
A court or tribunal takes action against natural justice;
Unconstitutionality of a Statute;
Violation of human rights.

History of Clause 32:

When the Indian Constitution was drafted, there were few rights given to each citizen of the country regardless of their age, caste, and Gender and consequently fundamental rights such as:

Entitlement to equality (Article 14-18)
Freedom of expression (Article 19-22)
Law Against Exploitation (Section 23-24)
Right to religious freedom (Article 25-28)
Cultural and Academic Rights (Article 29-30)
Ownership of property (Article 19, 31)
Right to recourse under the Constitution (Article 32)

Section 32 Public Interest Litigation:

Citizens may file a public interest dispute in the interest of public welfare before the Supreme Court pursuant to section 32.
Under Article 32 the PIL may also be seized by the jurisdiction itself. PIL cases need not necessarily be cases in which rights have been violated on a personal level.
The Locus Standi rule in PILs cases is applied sparingly when the claimant is acting in good faith.
An PIL must be in the public interest and not for reasons of pecuniary benefit or political motives or based on bad faith intent.

Right to constitutional appeals:

Section 32 is known by Mr Ambedkar only as “the spirit of the Constitution and, exceptionally, his heart.”
This suggests this privilege was suspended amid a national crisis under article 359.
Section 32 makes the Supreme Court the guarantor of basic rights.
The ability to issue writs comes under the initial jurisdiction of the Apex Court.
Article 32 can only be used to obtain an appeal in respect of the fundamental rights enshrined in Articles 12-32.

Conclusion

The Supreme Court is made protective and guarantor of basic rights. It has powers and controls to provide redress for violations of those rights under section 32 of the Constitution. A people’s constitution grounded in the principle of a welfare state must limit the arbitrary use of power. The constitutional remedies granted to citizens are strong commands with immediate effect. And writs are mostly used against the Crown and are issued when PILs are filed.

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