Article 32: Heart and Soul of the Indian Constitution
Article 32 of the Indian Constitution is often referred to as the “heart and soul” of the Constitution because it grants the right to constitutional remedies, which plays a pivotal role in safeguarding and ensuring the enforcement of fundamental rights. This article empowers citizens to directly approach the Supreme Court of India to seek redressal when they believe that their fundamental rights have been violated.
What is Article 32 of the Indian Constitution:
Article 32 of the Indian Constitution grants the right to constitutional remedies and plays a crucial role in safeguarding fundamental rights. It empowers citizens to directly approach the Supreme Court of India to seek redressal when they believe that their fundamental rights have been violated. Here is the 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 the 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.”
Key points about Article 32:
1. Right to Constitutional Remedies: Article 32 guarantees the right of any citizen to move the Supreme Court directly by appropriate legal proceedings for the enforcement of fundamental rights. It ensures that fundamental rights are not merely symbolic but have real enforceability.
2. Powers of the Supreme Court: The Supreme Court is granted the power to issue various writs, including habeas corpus (to release a person who has been unlawfully detained), mandamus (to direct public officials to perform their duties), prohibition (to prevent lower courts from exceeding their jurisdiction), quo warranto (to inquire into the authority of a person holding a public office), and certiorari (to quash the orders of inferior courts or tribunals).
3. Exclusive Jurisdiction of the Supreme Court: Article 32 provides that the power to issue writs for the enforcement of fundamental rights is exclusively vested in the Supreme Court. This means that citizens can directly approach the Supreme Court without having to go through lower courts.
4. Parliament’s Authority: While Article 32 grants the power to enforce fundamental rights to the Supreme Court, it also allows Parliament to empower other courts to exercise similar powers within their respective jurisdictions. However, such empowerment by Parliament does not diminish the Supreme Court’s authority to enforce fundamental rights.
5. Non-Suspension of Right: The right to move the Supreme Court under Article 32 cannot be suspended even during a state of emergency, except as otherwise provided for by the Constitution. This ensures that citizens can seek redressal for violations of their fundamental rights even in challenging circumstances.
Article 32 acts as a safeguard against executive and legislative actions that may infringe upon the fundamental rights of citizens, and it is considered one of the cornerstones of the Indian Constitution’s commitment to upholding individual liberties and social justice.
Why Article 32 is considered the “heart and soul” of the Indian Constitution?
Here are a few reasons:
- Protector of Fundamental Rights: Fundamental rights are the cornerstone of the Constitution and are essential for protecting individual liberties and ensuring social justice. Article 32 ensures that these rights are not mere declarations but enforceable rights, providing an effective mechanism for citizens to seek justice if their rights are violated.
- Direct Access to the Supreme Court: Article 32 allows citizens to directly approach the Supreme Court without going through the usual legal hierarchy. This provision bypasses lower courts, enabling swift access to justice and preventing delays in resolving fundamental rights issues.
- Writ Jurisdiction: Under Article 32, the Supreme Court has the power to issue writs, including habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs are powerful legal remedies that can be used to protect citizens’ rights and correct administrative or executive actions.
- Judicial Review: Article 32 is an essential aspect of the doctrine of judicial review in India. The Supreme Court, through this article, can examine the constitutional validity of laws, executive actions, and government policies to ensure they are consistent with the provisions of the Constitution, including fundamental rights.
- Constitutional Balance: Article 32 helps maintain a balance between the power of the state and the rights of citizens. It ensures that the government is held accountable for any violations of citizens’ fundamental rights and prevents the abuse of authority.
- Social Justice: By providing a direct route to the Supreme Court, Article 32 ensures that marginalized and disadvantaged sections of society have access to justice. It allows them to challenge discriminatory laws and practices and seek protection against exploitation.
The significance of Article 32 lies in its role as a powerful tool for the protection and enforcement of fundamental rights, ensuring that the spirit of the Constitution is upheld and that citizens’ rights are not merely theoretical but actionable and enforceable.