What is Article 32?
Article 32 of the Indian Constitution is considered as one of the most important articles when it comes to the enforcement of the rights of an individual. Article 32 of the Indian Constitution is the protector of the Fundamental rights of the citizens of India. It is a mechanism through which an individual whose rights have been violated can approach the Apex Court, i.e. Supreme Court for seeking remedy as well as enforcement of these rights. Therefore, Article 32 is also known as the protector of the rights of the citizens of India and the ‘heart and soul of the constitution.’
Writs under Article 32
‘Writ’ refers to a formal or legal document issued by the court to direct any action or cease the performance of a specific action or deed. Article 32 empowers the Supreme Court to issue writs in different circumstances. Have a look:
1. Habeas Corpus: It means “to have a body of.” It is written to release a person who was unlawfully detained or imprisoned. By the virtue of this writ, the court can direct to examine the legality of his detention. In case, the court concludes that the detention was unlawful, then it may direct the person to be released immediately. So, basically this writ is issued by the Supreme Court, when the personal liability of an individual is violated. It can be filed by the person himself or any of his relatives or friends on his behalf.
2. Writ of Mandamus: Another writ under Article 32 is Mandamus, which means “we command.” It is issued by the court in order to direct a public authority to perform the legal duties which were earlier refused. It can be issued by the court against a public corporation, public official and the Government. But, it cannot be issued against a private body, President, Governor of States or the working of Chief Justice. It can also not be issued when direction involves violation of any law.
3. Writ of Quo Warranto: The meaning of ‘Quo Warranto’ is ‘by what warrants’. Through this writ, the Court calls upon a person holding a public office to show under what authority he holds that office. Its objective is to prevent a person from holding an office that he is not entitled to hold. This kind of writ can be issued when the public office is wrongfully assumed by the private person.
4. Writ of Certiorari: Certiorari means ‘to certify.’ When the court is of opinion that a lower court or tribunal has passed the order which is beyond its powers or committed an error of law, then through the writ of certiorari, it may transferred to itself or quash the order passed by the tribunal or lower court. It is issued by the Supreme Court or High Court to the tribunal when the public office is wrongly assumed by the private person or the term of the public office is of permanent nature.
Who can apply under Article 32?
Any person whose fundamental rights have been violated can approach the Supreme Court.
What is the difference between Article 32 and Article 226?
| Base of Difference | Article 32 | Article 226 |
| Hold of power | Article 32 gives power to the Supreme Court. | Article 226 gives power to the High Court. |
| Suspension | The rights of an individual can be easily suspended at the time of emergency. | The rights of an individual cannot be suspended at the time of emergency. |
| Scope | It has a limited scope. It is only applicable in the case of violation of fundamental rights. | It has a wider scope. It is applicable in the violation of both fundamental as well as legal rights. |
| Jurisdiction | It allows jurisdiction all over India and empowers the Supreme Court to issue writs Pan India. | It has jurisdiction in the concerned states only and empowers high courts to issue writs only in their own local jurisdiction. |
What has been the Supreme Court’s recent observation on Article 32?
- In Romesh Thappar Vs. State of Madras (1950), the Supreme Court observed that Article 32 provides a “guaranteed” remedy for the enforcement of fundamental rights.
- During the emergency, Jabalpur Vs. S S Shukla (1976), the Supreme Court stated that citizens lose their right to approach the court under Article 32.
- In another recent case invoking Article 32, a Nagpur-based man was arrested in three cases for alleged defamatory content against the Chief Minister of Maharashtra, Uddhav Thackeray. The same bench directed him to approach the High Court first.
- In another matter, the three-judge bench of the Supreme Court issued a contempt notice to the Assistant Secretary of the Maharashtra Assembly. The Assistant Secretary had questioned Republic TV's editor-in-chief Arnab Goswami for approaching the top court against a breach-of-privilege notice. The court emphasized that approaching the Supreme Court under Article 32 is a fundamental right.
