Right to Constitutional Remedies (Article 32)

Essence of Article 32

  1. Provides the right to move the Supreme Court for enforcement of Fundamental Rights, ensuring that Fundamental Rights are justiciable.
  2. Includes the power of SC to issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo-warranto.

Key Features

  1. Heart and Soul of the Constitution: Dr. Ambedkar described it as the Constitution’s most vital article.
  2. Defender of Rights: SC acts as the guarantor of Fundamental Rights, while High Courts have concurrent jurisdiction under Article 226.
  3. Emergency Clause: Article 32 can be suspended during a national emergency (Article 359).

Significance

  1. Enables direct access to SC, ensuring timely and cost-effective protection of Fundamental Rights.
  2. 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

  1. Scope: Supreme Court addresses violations of Fundamental Rights only, whereas High Courts also enforce ordinary rights.
  2. Territorial Jurisdiction: Supreme Court can issue writs across India, while High Courts are limited to their territorial or cause-of-action jurisdiction.
  3. Obligation: Article 32 creates a mandatory duty for the Supreme Court, while High Courts exercise discretionary power under Article 226.

Types of Writs

  1. 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.
  2. 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.
  3. Prohibition:
    • Meaning: “To Forbid.”
    • Purpose: Stops lower courts or tribunals from exceeding their jurisdiction.
    • Applicability: Restricted to judicial and quasi-judicial bodies.
  4. 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).
  5. Quo-Warranto:
    • Meaning: “By What Authority.”
    • Purpose: Prevents illegal occupation of a public office.
    • Scope: Applicable to statutory or constitutional offices, not private roles.