![Right to Constitutional Remedies [ Article 32 ] Fundamental Rights](https://i0.wp.com/www.ambedkaritetoday.com/wp-content/uploads/2019/12/expression.jpg?fit=640%2C335&ssl=1)
Dr. B. R. Ambedkar said that article 32 is the soul of the constitution and it is at the very heart of it. Also, the Supreme court has included this in its basic structure doctrine. Furthermore, this right states that the right to move to the highest court cannot be rejected by any court expect provided by the constitution of India.
Importance of Right to Constitutional Remedies
The right to constitutional remedy was created as one of the main fundamental rights, because the constitution recognized the need to protect the rights of the citizens. In case of any one of the fundamental rights being deprived or denied to the resident of the country, the individual or the party has the right to present their case in a court.
In this case, the court has the flexibility to assign writs to the public in the form of habeas corpus, mandamus, prohibition, quo warranto and certiorari. In the case of a national emergency, the government has the flexibility to append the right of the citizen. According to Article 32, Indian citizens can stand up and fight for their fundamental rights if they are breached.
Article 32 Components
The Article in the Indian Constitution states that the Supreme Court or can accept writs from citizens or organizations if any of the fundamental rights have been denied to them. Along with exercising writs, the Supreme Court can also give other lower courts or even take away the responsibility of jurisdiction for certain cases.
Different Mechanisms for Protecting Rights
- The national commission for minorities is a flexible, autonomous body created by the Government of India that helps in monitoring the lower classes, castes and minorities. This commission works for the betterment and of these minority groups. The Commission looks into the complaints lodged by minorities and go ahead with plans that safeguard their rights and privileges of being an independent Indian Citizen.
- The National Commission for Women has been functioning since 1992 and works for the protection of women rights in cases such as dowry, exploitation, prostitution, and protects them from becoming victims of religious disputes and unfair job opportunities. The commission regularly holds campaigns and activities that safeguard the lives of women in the country.
- National Commission for Scheduled Tribes protects the interests of schedule tribes. The government will monitor and safeguard the rights of the Scheduled tribes and offer opportunities in the processes of socio-economic development, in terms of employment and also in terms of gaining medical and educational relie.
Importance of Right to Constitutional Remedies
Article 32 was incorporated in the Indian Constitution to assure that the citizens and individuals are not subject to unreasonable vitiation of fundamental rights. This article guarantees the right to constitutional remedies. Any individual, whose fundamental right has been violated by the state, has the right to approach the Supreme Court of India for enforcement of the said right. Dr. Ambedkar, who was the chairman of the drafting committee of the Indian Constitution, rightly called this article as:
‘The very soul of the Constitution and the very heart of it.’
The importance of Article 32 in the Indian constitution is immense. It is not just a constitutional right, but also a fundamental right. Without this, there would be no guarantee of other fundamental rights. Article 32 makes the fundamental rights written on paper an ensured reality. The Constitution of India would be meaningless without this provision.
List of Fundamental Rights to be guaranteed by the State:
None of the Fundamental Rights provided in the constitution can be held in isolation. To assure the rights of citizens, in reality, any fundamental right has to be read in association with Article 32. Some of the fundamental rights for the violation of which a citizen or an individual can approach the Supreme Court for remedies under Article 32 are broadly enlisted below.
- Laws passed by the parliament that is inconsistent with any of the fundamental rights
- Equality before the law or equal protection of law by the State
- Prohibition of Discrimination by the state based on religion, race, caste, sex, place of birth or any of them
- Equality of opportunity in matters of public employment (excluding reservation or appointment of posts in favor of any backward class of citizens)
- Abolition of the practice of Untouchability in any form
- Abolition of any title conferred by the state ( except military or academic distinction)
- Right to Freedom of speech (subject to reasonable restrictions)
- Protection of certain rights in respect of conviction for offenses ( Ex post facto law, double jeopardy, and self-incrimination )
- Right to life and personal liberty (except in cases of procedure established by law)
- Right to free education to all children between the age of six to fourteen
- Protection of right against arrest and detention in certain cases
- Prohibition of Traffic in Human Beings, Begar (work without pay) and other similar forms of forced labor
- Prohibition of employment of children below the age of fourteen in factory or mine or any other form of hazardous employment
- Right to freedom of conscience and free profession, practice, and propagation of religion (subject to public order, morality, and health)
- Freedom to manage religious affairs, payment of taxes for promotion of any particular religion and attendance at religious instruction or religious worship in individual educational institutions (subject to public order, health, and morality)
- Prohibition Discrimination against minorities, including their right to establish and maintain educational institutions.
The Supreme Court has, over the years, actively increased and expanded the scope of fundamental rights. In case of any of the above instances and more where the state fails to guarantee fundamental rights, an aggrieved citizen can approach the Supreme Court of India for remedies. This is at the crux of the constitutional right to remedies.
Writs under article 32
Article 32 also empowers the Supreme Court of India to issue Writs. Any citizen aggrieved by the state can file a writ petition.
Writ of Habeas Corpus: ‘Habeas Corpus’ translates literally to ‘to have a body’. This writ is issued by the Supreme Court when the personal liberty of an individual is vitiated, particularly in cases of illegal detention.
Writ of Mandamus: ‘Mandamus’ means ‘we command’. The writ of mandamus is used by higher courts to enforce their decisions on the lower courts. The Supreme court can invoke this writ in circumstances when the lower public authority has a duty, but it fails in doing so.
Writ of Quo Warranto: The literal meaning of ‘Quo Warranto’ is ‘by what warrants’. The Supreme Court can invoke the writ of quo warranto in cases where the act carried out by a holder of public office exceeds their authority.
Writ of Certiorari: ‘Certiorari’ means ‘to certify’ or ‘to quash’. This writ of Certiorari can be invoked to quash a lower court or tribunals have passed the order of that. It can only be issued against judicial orders.
Writ of Prohibition: The writ of Prohibition is also known as ‘stay order’. This writ is invoked by the Supreme Court to get any lower court to stop acting beyond its jurisdiction.
Using these five Writ Petitions, an individual is entitled to approach the Supreme Court of India. The concept of Public Interest Litigation is also a unique feature introduced by the Indian judiciary to address concerns of fundamental rights violations.
Conclusion:
The importance of the Right to Constitutional Remedies is immense. Without this provision, the constitution would be rendered null and void. This right forms the basis of the entire legal system in India. Article 32 not only assigns meaning to the constitution but also lays down the detailed process to approach the Supreme Court. It is essential that such a remedy is available to the citizens to prevent the state from resorting to a totalitarian form. Having the Right to Remedies is crucial to uphold the ideals of democracy, freedom, equality, and liberty.