Article 32 is the Right to move to Supreme Court when a fundamental right has been infringed or violated.
In this article, we will discuss about:
6. Can we approach any high court for enforcement of Fundamental Rights against the central government?
Article 32 - Right to Constitutional Remedies
Article 32 is the Right to move to Supreme Court when a fundamental right has been infringed or violated.
1) BR Ambedkar said Article 32 as “Heart and Soul of the Constitution”.
2) Article 32 is included in Part-III of the Constitution. Thus, it itself is a Fundamental Right
3) Article 32 protects Fundamental Rights and provides remedies for their enforcement.
4) Article 32 helps to enforce Fundamental Rights in real life and helps to defended the Fundamental Rights against any attack.
5) Supreme Court has ORIGINAL Jurisdiction:
If a Fundamental Right is infringed or violated, an aggrieved person can directly go to Supreme Court, not necessarily by appeal in High Court.
Supreme Court and Article 32
1) Supreme Court is guarantor and protector of Fundamental Rights.
2) Remedies provided under Article 32:
Under Article 32, Supreme Court has been given the power to issue directions or orders or writs for enforcement of Fundamental Rights.
3) High Court has wider writ jurisdiction than Supreme Court
Under Article 32, Supreme Court can issue writs only for the enforcement of Fundamental Rights whereas under Article 226, High Court can issue writs for the enforcement of Fundamental Rights and for other legal purposes also.
Parliament can give power to Supreme Court to issue writs for other purposes also.
What happens to Article 32 during National Emergency?
Article 32 cannot be suspended except under national emergency declared under Article 359.
Thus, Right to move to Supreme Court for the enforcement of Fundamental Rights is suspended by the President by issuing a Presidential order mentioning the Fundamental Rights which are to be suspended.
Presidential order mentions:
a) Fundamental Rights which are to be SUSPENDED,
b) Period for which Fundamental Rights are suspended,
c) Territorial extent: Suspension order can extend to whole India or a part of it
What is Article 226 of High Court?
1) High Court has wider writ jurisdiction than Supreme Court
Under Article 226, High Courts can issue a direction, order or writ for the enforcement of fundamental rights and for other legal purposes also.
(** 5 Writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warrant
2) Chandan Kumar Case, 1997:
Writ jurisdiction of both High Court and Supreme Court forms part of Basic Structure of the Constitution.
(Note: Kesavananda Bharathi Case,1973: Article 368 can amend any part of the constitution including Fundamental Rights without affecting basic structure of constitution)
3) Can a high court refuse to entertain a case under Article 226?
a) Discretionary Remedy
b) High Court can grant relief or refuse to do so on certain grounds such as:
- presence of alternative remedy,
- delay in approaching the court
- suppression of facts
c) Discretionary principle not applicable for enforcement of Fundamental Rights either under Article 32 or Article 226
Can we approach any high court for enforcement of Fundamental Rights against the central government?
Initially, High Court could issue writs only against authorities within its territorial jurisdiction.
Since Central government falls under jurisdiction of New Delhi, an aggrieved person could not go any High Court other than High Court of Punjab for the enforcement of Fundamental Rights as Delhi came under territorial jurisdiction of High Court of Punjab.
- 15th Constitutional Amendment Act, 1963
High court can issue writs to any person, authority or govt, not only within its territorial jurisdiction but also outside its territorial jurisdiction if cause of action arises within its territorial jurisdiction.
Previous Year Questions
1) With reference to the Constitution of India, consider the following statements: [UPSC Prelims 2019]
1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
Which of the statements given above is/are correct?
a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2
Answer: d) Neither 1 nor 2.
Refer:
2) Which article of the Constitution of India deals With the ‘Right to Constitutional Remedies’? [SSC CGL 2016]
Article 19 b) Article 14 c) Article 21 d) Article 32
Answer: d) Article 32
3) The two provisions of the Constitution of India that most clearly expresses the power of Judicial Review are: [NDA 2015]
a) Article 21 and 446 b) Article 32 and 226
c) Article 44 and 152 d) Article 17 and 143
Answer: b) Article 32 and 226
4) Which one of the following statements is NOT correct with respect to Article 32 of the Constitution of India? [CDS 2018]
a) It provides remedies to citizens for the enforcement of fundamental rights.
b) It is a part of fundamental rights.
c) The Supreme Court cannot refuse a writ petition under Article 32 on the ground of delay.
d) Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.
Answer: d) Protection under Article 32 also applies to the enforcement of ordinary law which has nothing to do with the fundamental rights.
5) Which of the following is NOT true of Article 32 of the Indian Constitution? [CDS 2015]
a) It gives the Supreme Court and High Courts the power to issue writs for the enforcement of Fundamental Rights.
b) It is included in Part III of the Indian Constitution and is therefore itself a Fundamental Right.
c) Dr.Ambedkar called it the ‘very soul of Indian Constitution’.
d) An aggrieved person has no right to complain under Article 32 where a Fundamental Right has not been violated.
Answer: a) It gives the Supreme Court and High Courts the power to issue writs for the enforcement of Fundamental Rights.
Further Readings:
- 5 Writs with Examples- Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
Very Good Post, Informative Content. Thank You.
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