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.
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.
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.
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.
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.
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.
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.
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.