Upteveiupias 13/04/2023 Explain the significance of Article 32 of the Indian Constitution in ensuring the fundamental rights of citizens. How has this article been interpreted by the courts over the years? ‘Approach to the answer Introduction: Write a brief introduction about Article 32 or write importance of Article 32 in brief. Body: Address the demand under two headings: 1) Key significance of article 32 end 2) Famous judicial cases related to Article 32. Conclusion: Summarizes and concludes on @ positive note. Answer: Article 32 of the Indian Constitution provides for the right to constitutional remedies for the enforcement of fundamental rights. Itis often referred to as the "heart and soul" of the Constitution because it guarantees citizens the right to approach the Supreme Court directly if their fundamental rights have been violated. The article empowers the Supreme Court ‘0 issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari to any person or authority within the territory of India for the enforcement of such rights. Key significance of Article 32: ‘© Protection of Fundamental Rights: Article 32 ensures that citizens have a mechanism to protect their fundamental rights against infringement by the state or its agencies, ‘© Accessibility of Justice: Citizens can approach the Supreme Court directly through Article 32, which ensures the accessibility of justice, especially for marginalized and vulnerable communities. ‘© Independence of Judiciary: Article 32 upholds the independence of the judiciary by enabling the Supreme Court to act ‘as a check against the state and its actions. ‘* Public Interest Litigation (Pil): The interpretation of Article 32 by the Supreme Court has expanded its scope to include the protection of public interest. This has led to the development of Plls as a powerful tool for citizens to seek justice ‘and bring about social change. ‘© Accountability of the State: Article 32 empowers citizens to hold the state accountable for any violation of their fundamental rights. ‘+ Protection of Democracy: Article 32 ensures the protection of democratic values by enabling citizens to seek legal remedies for any infringement of their fundamental rights. [Famous judicial cases related to Article 32: ‘+ Maneka Gandhi vs. Union of India: The Supreme Court held that the right to life and personal liberty under Article 21 cannot be restricted by laws that are arbitrary, unreasonable, or violative of natural justice principles. This case expanded the scope of Article 32. ‘+ ADM Jabalpur v. Shivkant Shukla (1976): This case is also known as the Habeas Corpus case. The Supreme Court held that during the Emergency period, the right to life and personal liberty, which are protected under Article 21 of the Constitution, could be suspended, Indira Nehru Gandhi v. Raj Narain (1975): In this case, the Supreme Court held that the right to vote was a fundamental right and that it could be enforced under Article 32 of the Constitution, ‘The courts have played a significant role in expanding the scope of Article 32 by incorporating new rights such as the right to education, the right to a clean environment, and the right to livelihood under the ambit of fundamental rights. its broad Interpretation by the courts has helped in strengthening the protection of fundamental rights in Indi Office Complex 6, 3" Floor, Old Rajincier Nagar New Delhi 110060} Ph: +91-8826486658, +918826496058, | Email: students@levelupias.com