Why in News?
CJI B.R. Gavai, speaking at an event marking 75 years of the Constitution in Andhra Pradesh, highlighted Ambedkar’s role in creating Article 32, stressing that rights need remedies. He called the Constitution a living document shaped by justice, liberty, equality, and fraternity.
Description:
- Fundamental Right to move the Supreme Court for enforcement of Fundamental Rights.
- Dr. Ambedkar: “Heart and Soul of the Constitution.”
Key Provisions (4 Sub-clauses):
- Right to move SC for enforcement of FRs.
- SC can issue directions, orders, writs of all kinds.
- Parliament may empower any other court to issue writs (not incl. High Courts → they already have Art 226).
- Right cannot be suspended except during National Emergency (Art 359).
Nature of Article 32:
- Original jurisdiction → can directly approach SC.
- Wide powers → writs + any suitable order.
- Not exclusive → High Courts also have writ powers under Art 226.
- Enforces only Fundamental Rights, not other rights.
- Basic feature (SC ruling) → cannot be amended.
Writs:
1) Habeas Corpus – “Produce the body”: Against illegal detention. Can be issued against private individuals too.
2) Mandamus – “We command”: Directs public authority to perform duty. Not against the President, Governor, CJI, or private bodies.
3) Prohibition – “To forbid”: Higher court → lower court/tribunal. Prevents excess/absence of jurisdiction.
4) Certiorari – “To be certified”: Higher court quashes order of lower court/tribunal. Both preventive + curative. Can be issued against administrative bodies too.
5) Quo Warranto – “By what authority?”: Challenges claim to public office. Can be filed by any person, not only the aggrieved.
SC vs High Court Writ Jurisdiction:
| Parameter | Supreme Court (Art 32) | High Court (Art 226) |
| Scope | Only FRs | FRs + other legal rights |
| Territory | Whole India | Only within its jurisdiction (with cause-of-action extension) |
| Discretion | Cannot refuse (FR itself) | Discretionary |
Significance of Article 32:
- Ensures judicial review → constitutional supremacy.
- Protects citizens against state excesses & arbitrary action.
- Acts as check & balance on administrative and judicial bodies.
- Quick, effective remedy for FR violation.
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