Article 32 Constitution of India BY AKSHIT GUPTA @LEXCLIQ

Every citizen of India has their own rights under constitution of India and whenever those rights are violated, they are allowed to go to supreme court to file a complaint for violation of their rights against the accused. The apex court is given the authority to give proper direction for execution of this article as apex court is considered the guarantor and protector of fundamental rights. All the rights are protected under article 32 of constitution of India.  the rights guaranteed by this article can’t be suspended unless there is some constitutional amendment. Under article 32, the parliament can also entrust any other court to exercise the power of supreme court, provided that is within its jurisdiction. The main purpose of article 32 is the victim doesn’t have to go through the lengthier process of filing a complaint he can directly approach to supreme court for violation of his rights. 

Dr. Ambedkar said that:  

“If i asked to name any particular article in this constitution as the most important – an article without which this constitution would be a nullity- I could not refer toa ny article except this one. It is the very soul of the constitution and the very heart of it and I am glad that the house has realized its importance.” 

There are 5 important factors guiding tis discretion. 

  • Locus standi- it’s a right to bring an action or to be heard before a court 
  • Alternative relief- remedies sought in law suit in various or alternative forms 
  • Res judicata – a case that has been decided 
  • Questions of the fact- an issue that involves resolution of a factual dispute or controversy 
  • Laches- a defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff’s undue delay in seeking relief 

Types of Writs: 

  • Habeas corpus- It is one of the important writs for personal liberty which says: “you have the body”. This is to protect the individual from administrative state action who violate the article 19,21,22 of the constitution. This writ provides relied to unlawful detention. This writ is issued when an individual is kept in jail without any authority of law. This can’t be suspended in cases of emergency which I held in landmark judgement of ADM Jabalpur v. Shivakant Shukla. 

 

  • Quo warranto- It means “By what Authority”. This writ is invoked in cases of public offices and it is issued to restrain persons from acting in public office to which he is not entitled to. It can be issued against the public offices on an appointment of individual or officer whether is fundamental right is infringed or not. It is issued if the office is created by the state or the constitution and the public office is of substantive nature. 
  • Mandamus- It mean “we command”. This writ is issued purely for ministerial activities it is issued by supreme court to lower courts or governmental officer. However, this writ can’t be issued against the president and the governor. It safeguards the public from the misuse of administrative powers by administration.  
  • Certiorari – it means to be certified. It is issued when there is a wrongful exercise of the jurisdiction and the decision of the case is based on it. The writ can be moved to higher courts like the high court like the high court or the supreme court by the affected parties. It is issued only against the quasi-judicial authorities not on purely administrative authorities or ministries orders.  
  • Prohibition- it is writ directing a lower court to stop doing something which the law prohibits it from doing. Its purpose is to stop the lower court from exceeding its jurisdiction.  

Amendment made in Article 32: 

Antifreedom clause were included in article 32 by 42nd amendment which restraint the supreme court and high court to question the state laws and to review application of fundamental rights. But again 43rd amendment supreme court and high court got power to question the state laws and this amendment repealed Article 32A immediately after emergency is revoked. 

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