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 provides similar remedies through the High Courts.
Article 32 ensures that individuals have the right to seek recourse from the Supreme Court, which is empowered to issue appropriate orders, directions, or writs to protect fundamental 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 is empowered to issue five distinct types of writs as stipulated in Article 32:
Writ of Habeas Corpus: This writ is intended to secure the release of an individual who has been unlawfully detained.
Writ of Mandamus: This writ serves to instruct a public official or authority to fulfill a duty that they are legally obligated to perform.
Writ of Prohibition: This writ is designed to prevent a lower court or tribunal from acting beyond its jurisdiction.
Writ of Certiorari: This writ is utilized to annul an order issued by a lower court, tribunal, or authority.
Writ of Quo Warranto: This writ is employed to examine the legality of an individual’s claim to a public office.
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