Overview

The Right to Constitutional Remedies is often called the "heart and soul" of the Indian Constitution. Article 32 provides the right to move the Supreme Court for the enforcement of fundamental rights. Dr. B.R. Ambedkar described this article as the most important article of the Constitution, without which the Constitution would be a nullity.

Article 32: Right to Move the Supreme Court

Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights:

• Clause (1): The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III (Fundamental Rights)
• Clause (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 warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights
• Clause (3): Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court
• Clause (4): The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution

Types of Writs

The Supreme Court can issue five types of writs:

1. Habeas Corpus

• Meaning: "You may have the body"
• Purpose: To produce a person who has been detained before the court
• Use: To determine whether the detention is lawful
• Issued against: Public authorities or private individuals

2. Mandamus

• Meaning: "We command"
• Purpose: To command a public authority to perform its legal duty
• Use: When a public officer fails to perform a mandatory duty
• Issued against: Public authorities, corporations, inferior courts, tribunals

3. Prohibition

• Meaning: "To forbid"
• Purpose: To prevent an inferior court or tribunal from exceeding its jurisdiction
• Use: Issued when a lower court acts beyond its jurisdiction
• Issued against: Judicial and quasi-judicial authorities

4. Certiorari

• Meaning: "To be certified" or "To be informed"
• Purpose: To quash the order of an inferior court or tribunal
• Use: To correct errors of jurisdiction or law
• Issued against: Judicial and quasi-judicial authorities

5. Quo Warranto

• Meaning: "By what authority"
• Purpose: To inquire into the legality of a claim to a public office
• Use: To prevent illegal occupation of public office
• Issued against: Public offices

Article 226: High Court's Power

While Article 32 gives the Supreme Court the power to issue writs for fundamental rights, Article 226 gives High Courts similar powers:

• High Courts can issue writs for enforcement of fundamental rights
• High Courts can also issue writs for enforcement of other legal rights
• High Courts have wider jurisdiction than the Supreme Court in this regard
• High Courts can issue writs against any person or authority within their territorial jurisdiction

Public Interest Litigation (PIL)

The Supreme Court has expanded the scope of Article 32 through Public Interest Litigation:

• Allows any person to file a petition on behalf of others
• Relaxed the rule of locus standi (standing to sue)
• Enables access to justice for the poor and marginalized
• Has been used to address various social issues
• Has led to significant judicial activism

Significance

The Right to Constitutional Remedies is crucial because:

• It makes fundamental rights enforceable and meaningful
• It provides a mechanism to protect citizens from violation of their rights
• It ensures the rule of law and checks arbitrary actions
• It makes the judiciary a guardian of fundamental rights
• It provides quick and effective remedy for violation of rights
• It is the foundation of judicial review in India

Landmark Cases

• Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 32 and Article 21
• Bandhua Mukti Morcha v. Union of India (1984): Established PIL as a tool for social justice
• M.C. Mehta v. Union of India (1986): Environmental protection through Article 32
• Vishaka v. State of Rajasthan (1997): Guidelines for prevention of sexual harassment at workplace
• Kesavananda Bharati v. State of Kerala (1973): Established basic structure doctrine

Limitations and Exceptions

The right under Article 32 can be suspended:

• During a national emergency (Article 359)
• However, the right to move High Courts under Article 226 cannot be suspended
• Some restrictions apply during martial law

Current Relevance

Article 32 continues to be relevant for:

• Protecting fundamental rights of citizens
• Addressing human rights violations
• Environmental protection
• Social justice issues
• Checking executive and legislative excesses
• Ensuring accountability of public authorities