Essence of Article 32
- Provides the right to move the Supreme Court for enforcement of Fundamental Rights, ensuring that Fundamental Rights are justiciable.
- Includes the power of SC to issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo-warranto.
Key Features
- Heart and Soul of the Constitution: Dr. Ambedkar described it as the Constitution’s most vital article.
- Defender of Rights: SC acts as the guarantor of Fundamental Rights, while High Courts have concurrent jurisdiction under Article 226.
- Emergency Clause: Article 32 can be suspended during a national emergency (Article 359).
Significance
- Enables direct access to SC, ensuring timely and cost-effective protection of Fundamental Rights.
- Article 32 is considered a basic feature of the Constitution and cannot be abridged through amendments.
WRITS: TYPES AND SCOPE
Under Articles 32 and 226, the Supreme Court and High Courts can issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. While the Supreme Court can only enforce Fundamental Rights, High Courts can address both Fundamental and ordinary legal rights.
Key Differences Between Supreme Court and High Court Writ Jurisdiction
- Scope: Supreme Court addresses violations of Fundamental Rights only, whereas High Courts also enforce ordinary rights.
- Territorial Jurisdiction: Supreme Court can issue writs across India, while High Courts are limited to their territorial or cause-of-action jurisdiction.
- Obligation: Article 32 creates a mandatory duty for the Supreme Court, while High Courts exercise discretionary power under Article 226.
Types of Writs
- Habeas Corpus:
- Meaning: “Produce the body.”
- Purpose: Orders the release of a person if detained unlawfully.
- Applicability: Issued against both public and private authorities but not in cases of lawful detention or contempt of court.
- Mandamus:
- Meaning: “We Command.”
- Purpose: Directs public officials, corporations, or tribunals to perform duties they have failed or refused to carry out.
- Limitations: Cannot be issued against private individuals, the President, governors, or discretionary duties.
- Prohibition:
- Meaning: “To Forbid.”
- Purpose: Stops lower courts or tribunals from exceeding their jurisdiction.
- Applicability: Restricted to judicial and quasi-judicial bodies.
- Certiorari:
- Meaning: “To Be Certified.”
- Purpose: Transfers a case to a higher court or quashes an order by lower courts if there is excess jurisdiction or legal error.
- Applicability: Expanded to administrative bodies (1991).
- Quo-Warranto:
- Meaning: “By What Authority.”
- Purpose: Prevents illegal occupation of a public office.
- Scope: Applicable to statutory or constitutional offices, not private roles.