Article 32 of Constitution of India

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Article 32 of Constitution of India deals with Remedies for enforcement of rights conferred by this Part.

Contents

From the Constitution

(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.

Authorities amenable to Writ Jurisdiction of Supreme Court

  • Government and the Parliament of India, Governments and Legislature of States and Local Governments
  • Government Departmental undertakings
  • Agencies incorporated by statute
  • Agencies registered under statute such as the Companies Act, Societies Registration Act
  • Courts
  • Private individuals and bodies

Agencies registered under statute are amenable only if the authorities are instrumentalities or agencies of the Government.

Court of Law are not mentioned but they do have a chance to pose a threat to fundamental rights. Supreme Court can interfere in such cases.

Private individuals and bodies are not amenable to this Article and hence are outside the Jurisdiction of Supreme Court in regard to this Article.

Notes

  • The Supreme Court is made the protector and guarantor of the Fundamental Rights.
  • It is not obligatory for the court to follow adversary system on cases related to this Article and 'appropriate proceedings' are sufficient.
  • The remedy sought must be correlated to one of the fundamental rights sought to be enforced.
  • Locus standi: Open for those whose fundamental rights are infringed. This was later relaxed to allow Public Interest Litigation cases thus allowing any 'public spirited citizen' to file the case.

Related Cases / Recent Cases / Case Laws

Related Articles from the Constitution

  • Article 226: Power of High Courts to issue certain writs
  • Article 32A: [Repealed.]
  • Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
  • Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
  • Article 35: Legislation to give effect to the provisions of this Part

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