Article 32 stands as a cornerstone of the Indian Constitution, uniquely guaranteeing the right to approach the Supreme Court for the enforcement of fundamental rights. It is often referred to as the ‘heart and soul’ of the Constitution, a title bestowed upon it by Dr. B.R. Ambedkar, highlighting its critical role in making other fundamental rights meaningful and enforceable.
This article provides a direct and indispensable remedy for citizens whose fundamental rights are violated. It underscores the commitment of the Constitution to protect the rights enshrined in Part III by providing an effective mechanism for their judicial enforcement, placing the Supreme Court as the ultimate protector and guarantor of these rights.
Original Text
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
Detailed Explanation
Article 32(1) grants a fundamental right in itself: the right to move the Supreme Court directly when a fundamental right, as enumerated in Part III of the Constitution, is violated. This provision is not merely procedural; it is substantive, making the right to constitutional remedies a fundamental right.
The phrase “appropriate proceedings” refers to the methods available to approach the Supreme Court for this purpose, primarily through the writ jurisdiction granted under Article 32(2). These proceedings are considered ‘appropriate’ because they are specifically designed for the enforcement of fundamental rights.
This article makes the Supreme Court the guardian and guarantor of fundamental rights. When a person feels that their fundamental right has been infringed upon by the state or any other entity amenable to the Court’s jurisdiction under Article 12, they can directly approach the Supreme Court, without necessarily going through lower courts first. The right guaranteed by Article 32(1) is absolute in the sense that the Supreme Court cannot refuse to entertain a petition filed under this article for the enforcement of a fundamental right.
Detailed Notes
- Core Right: Guarantees the fundamental right to move the Supreme Court (SC).
- Purpose: Specifically for the enforcement of rights conferred by Part III (Fundamental Rights) of the Constitution.
- Forum: The Supreme Court of India.
- Method: By “appropriate proceedings”.
- This primarily refers to the writ jurisdiction of the SC under Article 32(2).
- Includes filing petitions for writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
- Nature of Right: The right conferred by Article 32(1) is itself a Fundamental Right.
- This makes it unique and constitutionally protected.
- Significance:
- Makes the Supreme Court the ‘Guardian’ and ‘Guarantor’ of Fundamental Rights.
- Provides an accessible and effective remedy for violations of fundamental rights.
- Ensures that fundamental rights are not mere declarations but enforceable rights.
- Jurisdiction: The SC’s jurisdiction under Article 32 is invoked when a fundamental right is violated.
- It is not meant for enforcing rights other than fundamental rights (e.g., ordinary legal rights, contractual rights).
- Mandatory Duty: The Supreme Court cannot generally refuse to entertain a petition under Article 32 if a fundamental right is shown to have been infringed.
- Comparison with Article 226:
- Article 32 is a Fundamental Right; Article 226 (High Court’s writ power) is a constitutional right, not a fundamental right itself.
- SC’s power under Article 32 is restricted to enforcing Fundamental Rights; High Courts under Article 226 can issue writs for enforcing Fundamental Rights AND for any other purpose (i.e., ordinary legal rights too).
- Access to SC under Article 32 is a guaranteed right (subject to proof of FR violation); access to HC under Article 226 is discretionary for the court.
- Scope: Applies against the ‘State’ as defined in Article 12 and, in some cases, against private individuals/bodies if the nature of the right requires (e.g., Habeas Corpus for unlawful detention).
- Standing: Traditionally requires locus standi (the aggrieved person to file). However, this has been relaxed by the SC through the Public Interest Litigation (PIL) concept, allowing public-spirited citizens/groups to approach the court on behalf of those unable to access justice, especially in cases involving group or class rights.
Additional Comments
- Dr. B.R. Ambedkar famously described Article 32 as the ‘heart and soul of the Constitution’ because without this remedy, fundamental rights would be meaningless.
- The Supreme Court has held that Article 32 is a part of the Basic Structure of the Constitution (Kesavananda Bharati Case and subsequent judgments), meaning it cannot be amended or taken away by Parliament.
- While Article 32 grants the right to move the SC, the actual power to issue writs comes from Article 32(2). Both are intrinsically linked for the enforcement of fundamental rights.
- The availability of alternative remedies does not necessarily bar the petitioner from approaching the Supreme Court under Article 32, although the court may sometimes advise the petitioner to first approach the High Court under Article 226, considering the workload and the fact that HC can also enforce FRs. However, the right to move SC directly under Article 32 for FR violation remains.
Summary
Article 32(1) guarantees the fundamental right to directly approach the Supreme Court of India by appropriate proceedings, primarily through writ petitions, for the enforcement of any right conferred by Part III of the Constitution. This makes the Supreme Court the ultimate guardian and guarantor of fundamental rights, providing an essential and enforceable remedy for their violation and forming a crucial part of the Constitution’s basic structure.