Article 32 of the Costitution of India with Case law
📜 Article 32 – Constitution of India
"Remedies for enforcement of rights conferred by this Part"
🔍 Text of Article 32 (Simplified):
The right to move the Supreme Court for the enforcement of Fundamental Rights is itself a Fundamental Right.
The Supreme Court has the power to issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce Fundamental Rights.
Parliament may authorize any other court to exercise similar powers.
This Article cannot be suspended except as otherwise provided during a national emergency under the Constitution.
💡 Essence of Article 32:
Dr. B.R. Ambedkar called Article 32 the “heart and soul of the Constitution.”
It gives direct access to the Supreme Court if someone’s Fundamental Rights are violated.
It is a guarantee that Fundamental Rights will be protected by the judiciary.
⚖️ Types of Writs Under Article 32:
| Writ | Purpose |
|---|---|
| Habeas Corpus | “Produce the body” – protection against unlawful detention |
| Mandamus | “We command” – directs public officials to perform their duty |
| Prohibition | Stops a lower court from acting beyond its powers |
| Certiorari | Higher court quashes the order of a lower court |
| Quo Warranto | “By what authority” – challenges a person’s right to hold a public office |
🧾 Important Case Laws on Article 32:
🔹 1. Romesh Thappar v. State of Madras (AIR 1950 SC 124)
First major case under Article 32.
Supreme Court struck down a ban on a newspaper as it violated freedom of speech (Article 19).
Reaffirmed that Article 32 is the proper remedy for enforcing Fundamental Rights.
🔹 2. Maneka Gandhi v. Union of India (1978 AIR 597)
Landmark case expanding the interpretation of Article 21 (Right to life and liberty).
Supreme Court held that Article 32 can be used even if multiple Fundamental Rights are violated together.
🔹 3. S.P. Gupta v. Union of India (1981 AIR 149)
Also known as the First Judges Case.
Public Interest Litigation (PIL) concept emerged.
Court ruled that even a letter can be treated as a writ petition under Article 32 if public interest is involved.
🔹 4. D.C. Wadhwa v. State of Bihar (1987 AIR 579)
Repeated re-promulgation of ordinances without legislative approval was challenged.
Supreme Court struck it down, showing that Article 32 can be used to ensure constitutional governance.
🔹 5. Bandhua Mukti Morcha v. Union of India (1984 AIR 802)
Case on bonded laborers.
Supreme Court accepted a letter as a PIL under Article 32.
Reinforced that Article 32 can be used even for the protection of Fundamental Rights of others, not just the petitioner.
📌 Key Points:
| Feature | Details |
|---|---|
| 🧭 Purpose | Enforce Fundamental Rights |
| 🏛️ Jurisdiction | Only Supreme Court (but similar writs under Article 226 by High Courts) |
| 📜 Nature | Itself a Fundamental Right |
| 🚫 Limitation | Cannot be used for legal rights (only Fundamental Rights) |
| 🛑 Suspension | Possible only during Emergency under Article 359 |
📚 Conclusion:
Article 32 is a guardian of Fundamental Rights and one of the most significant provisions in the Constitution. It reflects judicial activism, public interest litigation, and the power of constitutional remedies.
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