Article 32 of Indian Constitution

**Article 32 of the Indian Constitution: Right to Constitutional Remedies** Article 32 of the Indian Constitution is a fundamental right that guarantees individuals the ability to approach the Supreme Court directly for the enforcement of their fundamental rights. Dr. B.R. Ambedkar referred to it as the "heart and soul" of the Constitution, emphasizing its significance in safeguarding individual liberties. --- ### 📜 Text of Article 32 **Article 32: Remedies for enforcement of rights conferred by this Part* 1.The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed 2.The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part 3.Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2) 4.The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution --- ### ⚖️ Writs Issued Under Article 32 The Supreme Court has the authority to issue the following writs for the enforcement of fundamental rights - **Habeas Corpus**:To secure the release of a person who has been unlawfully detained - **Mandamus**:To direct a public authority to perform a duty it is legally obligated to perform - **Prohibition**:To prevent a lower court or tribunal from exceeding its jurisdiction - **Quo Warranto**:To inquire into the legality of a person's claim to a public office - **Certiorari**:To quash an order passed by a lower court, tribunal, or authority These writs serve as tools to protect citizens' rights and ensure that public authorities act within their legal bounds citeturn0search4 --- ### 🏛️ Importance of Article 32 - **Direct Access to Supreme Court** Individuals can approach the Supreme Court directly without the need to go through lower court. - **Ensures Accountability** Holds public authorities accountable for their actions and omission. - **Safeguards Fundamental Rights** Provides a mechanism to protect fundamental rights from infringemen. - **Judicial Review** Facilitates judicial review of laws and actions that may violate constitutional provision. --- ### ⚠️ Suspension During Emergency The right to move the Supreme Court under Article 32 can be suspended during a proclamation of Emergency under Article 35. However, this suspension does not extend to fundamental rights guaranteed under Articles 20 and 21, which protect against conviction for offenses not prescribed by law and safeguard life and personal liberty, respectivel.