Article 32 of Indian Constitution

You must have heard many terms like "right to information," "right to education," "right to protest peacefully," etc., being spoken around. But have you ever interrogated the significance of these statements, and what rights do we as individuals have? Along with rights come duties that we have towards other individuals, our society, and our nation. Though not everyone is performing their duties or enjoying all the rights, in a democratic country like India, certain rights are guaranteed to every citizen. 

Hence, the constitution of India has a provision for certain rights to every citizen, which are also called fundamental rights. The Indian constitution also enlists a few core duties that every citizen must perform. These are termed fundamental duties. 

Article 32 of the Indian constitution is one such right that every individual has, and it deals with the "right to constitutional remedy." Article 32 is included in Part III of the Indian constitution, which has all the fundamental rights; hence Article 32 defines a fundamental right. In this article, we will explore information about the vitality of articles 32 and 226 of the Indian constitution, what is meant by writ in the constitution of India, and understand how article 32 is the soul of the Indian constitution.

Article 32 of the Indian Constitution: What is it About?

Article 32 in the Indian constitution gives an individual the right to move to the high court or the Apex court if they feel unduly deprived of their rights or infringe on their rights. A writ in the constitution of India is issued under articles 32 and 226 of the Indian constitution. 

• Article 32 and 226 of the Indian constitution can be conferred as protecting an individual's fundamental rights.

• The supreme court is a guarantor of these rights and has the power to execute these rights given to a person by the constitution.

• Article 32 states that the supreme court has the power to issue writs, directions, or orders to enforce the rights granted by this part. The rights granted by article 32 of the Indian constitution shall not be suspended, except when provided by the constitution.

• The article is present in part III of the constitution. The following fundamental rights are included; right to freedom of speech and expression, right to equality, right to freedom of religion, and due to life and personal liberty. Only if any of these fundamental rights are violated can a person approach the supreme court under article 32.

• Article 32 also allows the supreme court to delegate the authority to exercise this article to any other tribunal within its jurisdiction. 

• The article allows individuals to reach the supreme court directly without going through the lengthy procedure of approaching lower courts first. Such provision is because the primary objective of this writ in the constitution of India is to protect and enforce fundamental rights.

• As per Dr. B.R. Ambedkar, if he had to name one most significant articles in the constitution of India, without which the constitution would be void, it is article 32 in the constitution of India. This article, according to him, is the heart and soul of Indian constitution articles.

(Image will be uploaded soon)

Writs Indian Constitution

A writ is a formal written order issued by anyone, judicial or executive, who is authorized to administer it. In today's times, it is usually a judicial body that issues writs. Hence we can concur that a writ is a formal order written and administered by a court to give such an order. Warrants, orders, summons, directions, etc., all are essentially writs in the Indian constitution. To get a writ issued, one has to file a petition in a competent court. 

It is not sufficient to provide the fundamental rights, but they also need to be protected and enforced. For safeguarding fundamental rights, Article 32 and 226 of the Indian constitution give the right to individuals to approach the supreme court or the high court if any of their fundamental rights are violated. 

Article 32 and 226 of the Indian constitution provide for Five kinds of writs as Outlined below:

1. Habeas Corpus - This means "to have a body of." This writ helps an individual claim against unlawful detention or imprisonment. Unlawful detention happens if the detention does not follow the procedures which are laid down.

2. Mandamus - The writ means "We command." This writ is administered by a superior court to a public authority (lower court or a government official) to properly execute the mandatory and exclusively ministerial duties it has not performed (or refused to). This writ cannot be issued against private bodies, individuals, governors or Presidents of states, or working chief justice.

3. Quo Warranto - The meaning of quo warranto is "by what means or warrant." With this writ, the court can call upon an individual holding a public office to show under what rights he holds that position. If they find that the person is not entitled to his position, he would be ousted. This writ aims to prevent anyone from having a public position unrightfully and stop them from usurping a public office.

4. Certiorari - This writ means "to certify." It is a remedial writ by which any higher court can question or quash an order passed by lower courts and tribunals. If the court feels that a lower court has given an order beyond its powers or has passed a wrong order, then the higher court can transfer the case to itself through the writ of certiorari. 

5. Prohibition - The primary aim is to prohibit inferior courts, tribunals, or other quasi-judicial authorities from performing any action beyond their jurisdiction and violating its authority or behaving in a way that violates natural justice. Prohibition is different from mandamus in the sense the former issued to direct inactivity whereas the latter directed activity.

Article 226 of Indian Constitution - Meaning

Article 226 is enshrined in part V of the constitution. Through article 226, high courts are empowered to pass orders, directions, or writs in line with the writs mentioned above: Habeas corpus, Certiorari, Mandamus, Prohibition, and Quo Warranto. 

• Article 226(1) states that all high courts within the Indian territory have the power to issue directions, writs, or orders to any authority or individual (including the government) for enforcing fundamental rights along with other legal rights within its jurisdiction.

• Article 226(2) grants the power to high courts to issue writs, orders, or directions beyond their local jurisdiction in such cases where the main reason of action lies partly or wholly within the high court's local jurisdiction.

• Article 226(3) states that if an interim order is passed through article 226 as a stay against an individual or by way of injunction, without giving the individual an opportunity to be heard (or not providing them with a copy of the evidential document and petition), then the respondent can move to the high court for cancelling the order with the composition of the petition. In such a case, the high court shall decide the application. The decision has to be taken by the high court within two weeks of receiving the application or within two weeks from the time the respondent received the application (whichever is later).

• Article 226(4) says that the power granted to high courts as per article 226 does not disparage the power entitled to the supreme court under article 32.

How is Article 32 Different from Article 226 of the Indian Constitution

The table below elucidates the significant differences between articles 32 and 226

Article 32 in the Indian constitution is deemed one of the most important articles as it is related to the enforcement of the rights of an individual. If one has to say which is the heart and soul of Indian constitution articles, then article 32 constitution of India will be the one.