Why in the News?

At an event marking 75 years of the Constitution, the Chief Justice of India B.R. Gawai, said Ambedkar saw Article 32 as the core provision allowing citizens to approach the Supreme Court for the enforcement of fundamental rights.

About Article 32:

• Right to Constitutional Remedies: Article 32 allows any individual to directly approach the Supreme Court for the enforcement of Fundamental Rights under Part III of the Constitution.
• Judicial Review Power: Empowers the Supreme Court to issue directions, orders, or writs to protect Fundamental Rights, making judicial review an essential constitutional feature.
• Fundamental Right Status: The right to move the Supreme Court is itself a Fundamental Right and can be suspended only during a National Emergency under Article 359.
• Jurisdiction: Grants the Supreme Court original but not exclusive jurisdiction; High Courts also have concurrent writ powers under Article 226.
• Types of Writs Under Article 32:

1. 1. Habeas Corpus: Commands authorities to produce a detained person before the Court to prevent illegal detention.
   2. Mandamus: Orders public officials or bodies to perform a legal duty they have failed to discharge.
   3. Certiorari: Quashes orders of courts or tribunals that act without jurisdiction or violate due process.
   4. Prohibition: Stops lower courts or tribunals from exceeding their lawful authority during proceedings.
   5. Quo Warranto: Requires a person holding a public post to prove their legal authority, preventing illegal occupation of public office.

Ambedkar’s Rationale for Article 32:

• Rights Need Remedies: Ambedkar held that rights are meaningless without enforceable remedies; therefore, Article 32 had to be placed within the Constitution itself.
• Objective Resolution Gap: He noted that the Objective Resolution (1946) declared rights but failed to guarantee mechanisms for enforcement.
• “Heart and Soul” of the Constitution: Ambedkar called Article 32 the heart and soul because it transforms Fundamental Rights into legally enforceable claims against the State.
• Supreme Court as Protector: He believed the Supreme Court must act as the guardian of individual liberty, ensuring no authority can violate fundamental freedoms.
• Living Constitution Principle: Article 32 works alongside the amendment power under Article 368, ensuring adaptability while preserving core civil liberties.

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