Article 32 of the Constitution: Article 32 is a fundamental right that ensures every citizen of India has access to constitutional remedies. Article 32 grants citizens the right to petition the Supreme Court for remedy when their fundamental rights are infringed. Article 226 of the Constitution offers comparable remedies to the High Courts.
Article 32 guarantees that individuals possess the right to approach the Supreme Court, which also has the authorityto issue relevant orders, directions, or writs to upholdfundamental rights.
Article 32 of the Constitution of India
(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 warrant 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 ill 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.
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The Supreme Court can issue five types of writs under Article 32:
Habeas Corpus: To ensure the release of a person who has been unlawfully detained.
Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform.
Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
Certiorari: To quash an order passed by a lower court, tribunal, or authority.
Quo Warranto: To inquire into the legality of a person’s claim to a public office.
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