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Fundamental Rights are contained in Part III from Articles 12 to 35 of the Indian Constitution; they include essential freedoms which are guaranteed to all citizens of India for individual growth. Article 32 or the Right to Constitutional Remedies gives individuals the right to seek redressal from the Supreme Court for violation of fundamental right in the form of Writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. Unlike other Fundamental Rights, Article 32 is considered to be unique because although it is a guarantee against infringement of fundamental rights it has also been made a Fundamental Right itself. It also empowers judicial review, enabling the Supreme Court to evaluate the constitutionality of laws impacting Fundamental Rights. Dr. BR Ambedkar called it the ‘heart and soul’ of the Indian Constitution.
Uniqueness of Article 32: Article 32 unlike other Fundamental Rights contained in Part III of the Indian Constitution which are in the form of substantive rights, Article 32 provides a legal remedy for the infringement or violation of any of those rights. It can be said that the right to seek a remedy for infringement of Constitutional Right (Fundamental Rights) is itself a Fundamental Right. The Hon’ble Supreme Court has also held that Article 32 is a basic feature of the Constitution, as a result it cannot be amended through a constitutional amendment.
Writs: it is a concept borrowed from English Common Law system, described as ‘prerogative writs’ they were called so because they were issued under the name and prerogative (exclusive right) of the King. the Writs mentioned under Article 32 are as follows:
The Indian Constitution guarantees Fundamental Rights under Part III (Article 12 to Article 35) these are in the form of civil rights which ensure certain basic freedoms. The Fundamental Rights in India also fulfil the important function of giving safeguards to minorities, outlawing discrimination and protecting religious freedom and cultural rights. Fundamental Rights must not be read in isolation but along with directive principles and fundamental duties.
Significance: Fundamental Rights are considered fundamental because they are the most essential for the attainment of the full potential of an Individual. They act as a check on the arbitrary powers of the government. A mere declaration of fundamental rights in the Constitution would be meaningless if an effective machinery for their enforcement was not put in place. This measure of enforcement is itself a fundamental right given in Article 32. Under Article 32, you can directly approach the Supreme Court of India without having to go to subordinate courts if your Fundamental Rights are violated.
Article 32 has the following four provisions:
it is a concept borrowed from the English Legal system, described as ‘prerogative writs’ they were called so because they were issued under the name and prerogative (exclusive right) of the King. The Writs mentioned under Article 32 are as follows:
it empowers the Supreme Court to evaluate the constitutionality of laws, executive directives, or policies that potentially infringe upon fundamental rights. This provision serves as a foundation in ensuring the protection of these rights by granting Court the authority to evaluate governmental actions for their adherence to the Constitution.
Article 226 also provides powers to the High Court to issue rights and protect fundamental rights. The powers under the respective articles differ on the following grounds:
Article 32 has rightly been called the "heart and soul of the Constitution" by Dr. B. R. Ambedkar. It is significant as it ensures that justice remains accessible to every citizen, irrespective of their socio-economic background. The Supreme Court is also considered the guarantor and guardian/protector of the Constitution, which puts additional responsibility on the Court while interpreting questions under Article 32, as a narrow or shallow interpretation of any of the rights under Part III can have a ripple effect across the nation affecting the rights and liberties of the Individuals.
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