Article 32 of the Indian Constitution

An assignment submitted in the partial fulfilment of the degree of ---

Bachelor of Arts & Bachelor of Legislative Law (BA. LL.B)

Under the supervision of Submitted with Regards By:

Mohammad Yousuf Dar Sheikh Mohsin Farooq

Assistant Professor Er.No: 2007CUKmr30
School of Legal Studies BA. LL.B ( VII SEM )
Central University of Kashmir Department of Law

DEPARTMENT OF LAW, SCHOOL OF LEGAL STUDIES

CENTRAL UNIVERSITY OF KASHMIR TULMULLA GANDERBAL J&K,
191131
Article 32 of the Indian Constitution grants the Supreme Court of India the power to
enforce fundamental rights. It is considered one of the most important provisions in
the Constitution as it serves as a crucial mechanism for the protection of individual
rights and liberties. This article essentially empowers the Supreme Court to act as a
guardian of the fundamental rights guaranteed by the Constitution and enables
citizens to directly approach the court for the enforcement of these rights.

Background and Context

Article 32 is often regarded as the "Heart and Soul" of the Indian Constitution
because it provides a constitutional remedy for the enforcement of fundamental
rights. The framers of the Constitution recognized the need for an effective
mechanism to safeguard fundamental rights against any infringement by the State or
any other authority. Article 32 serves as a fundamental right in itself, allowing
individuals to directly approach the Supreme Court for the enforcement of their
rights.
Jurisdiction of the Supreme Court under Article 32
The jurisdiction of the Supreme Court under Article 32 includes the power to issue
five types of writs:
Habeas Corpus: A writ that ensures a person detained unlawfully is brought before
the court.
Mandamus: A writ issued to compel a public authority to perform its duties.
Prohibition: A writ issued by a higher court to prevent a lower court from exceeding
its jurisdiction.
Certiorari: A writ issued to quash the orders of an inferior court or tribunal.
Quo Warranto: A writ used to challenge the legality of a person holding a public
office.

Significance of Article 32:

Safeguarding Fundamental Rights
Article 32 acts as a bulwark against executive and legislative excesses, ensuring that
fundamental rights are not violated.
Access to Justice
It provides a direct remedy to citizens, bypassing the lengthy judicial process and
enabling swift redressal of grievances.
 Upholding the Rule of Law
By making the Supreme Court the guardian of fundamental rights, Article 32
strengthens the rule of law and ensures accountability of the State.
Landmark Cases:
Maneka Gandhi v. Union of India (1978): This case expanded the scope of Article 21
(Right to Life and Personal Liberty) and held that the procedure established by law
must be fair, just, and reasonable.
Kesavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court
affirmed the doctrine of the basic structure of the Constitution, asserting that
Parliament cannot amend the Constitution in a manner that alters its basic structure.
A.K. Gopalan v. State of Madras (1950): This case emphasized the importance of
habeas corpus in safeguarding personal liberty and held that preventive detention
laws must comply with the provisions of Article 22.

Limitations and Challenges:

Judicial Activism vs. Judicial Restraint: The exercise of jurisdiction under Article 32
often raises questions about the appropriate balance between judicial activism and
judicial restraint.
Overburdened Judiciary: The Supreme Court is inundated with a vast number of
Article 32 petitions, leading to delays in the dispensation of justice.
Public Interest Litigation (PIL): While PIL has been instrumental in bringing important
social issues to the court's attention, it has also led to the proliferation of frivolous
petitions, further burdening the judiciary.

Recent Developments
Use of Technology: The Supreme Court has embraced technology to enhance access
to justice, allowing for e-filing of petitions and virtual hearings, especially during the
COVID-19 pandemic.
Public Awareness and Education: Efforts are underway to increase public awareness
about fundamental rights and the mechanism of Article 32, empowering citizens to
assert their rights effectively.
The jurisdiction of the Supreme Court under Article 32 is vast and encompasses
various aspects. Below, I will detail the jurisdiction of the Supreme Court under
Article 32
Enforcement of Fundamental Rights: The primary purpose of Article 32 is to provide
individuals with an avenue to directly approach the Supreme Court for the
enforcement of their fundamental rights. These rights include the right to equality,
right to freedom of speech and expression, right to life and personal liberty, right
against exploitation, right to freedom of religion, cultural and educational rights, and
right to constitutional remedies. If any of these rights are violated, individuals can
file a petition in the Supreme Court under Article 32.
Writ Jurisdiction: The Supreme Court has the authority to issue writs for the
enforcement of fundamental rights guaranteed under Part III of the Constitution.
These writs include habeas corpus, mandamus, prohibition, certiorari, and quo
warranto. Each of these writs serves a specific purpose and can be issued by the
Supreme Court to protect the rights of individuals.
Public Interest Litigation (PIL): The Supreme Court, under Article 32, has expanded
its jurisdiction to allow for Public Interest Litigation. PIL enables individuals or
organizations to approach the court on behalf of those whose fundamental rights
are being violated but are unable to approach the court themselves. This mechanism
has been instrumental in addressing various social issues and ensuring the
enforcement of fundamental rights for marginalized sections of society.
Judicial Review: Article 32 also empowers the Supreme Court to review the
constitutionality of laws and executive actions. The court can strike down any law or
action that is found to be inconsistent with the fundamental rights guaranteed by
the Constitution. This power of judicial review acts as a check on the legislative and
executive branches of government and ensures that they do not exceed their
authority.
Enforcement against State Actions: Article 32 allows individuals to seek remedies
against actions taken by the State or its instrumentalities that violate their
fundamental rights. This includes actions taken by the government, public officials,
or any authority acting on behalf of the State. The Supreme Court can issue
appropriate orders or directions to remedy such violations and ensure that the rights
of individuals are protected.
Constitutional Interpretation: The Supreme Court, while exercising its jurisdiction
under Article 32, also interprets various provisions of the Constitution relating to
fundamental rights. Through its judgments and rulings, the court clarifies the scope
and application of these rights, thereby contributing to the development of
constitutional law in India.
Appellate Jurisdiction: In addition to its original jurisdiction under Article 32, the
Supreme Court also acts as the highest appellate court in the country. It hears
appeals from lower courts and tribunals in cases involving substantial questions of
law or issues related to fundamental rights. This appellate jurisdiction allows the
Supreme Court to review and correct errors made by lower courts in the
interpretation and application of law.
Protection of Minorities: The Supreme Court, under Article 32, also protects the
rights of minorities and ensures that they are not deprived of their fundamental
rights. This includes religious and linguistic minorities who may face discrimination
or persecution based on their identity. The court can intervene to safeguard the
rights of minorities and uphold the principles of equality and non-discrimination.
Inter-State Disputes: In certain cases involving disputes between states or between
the Centre and one or more states, the Supreme Court can exercise its jurisdiction
under Article 32. The court can adjudicate on such disputes and provide a resolution
based on the principles of federalism and the Constitution.
Guardian of the Constitution: Overall, the Supreme Court, through its
jurisdiction under Article 32, acts as the guardian of the Constitution and the
fundamental rights enshrined therein. It plays a crucial role in upholding the rule of
law, protecting individual liberties, and ensuring that the principles of justice,
equality, and democracy are upheld in the country.
In conclusion, the jurisdiction of the Supreme Court under Article 32 of the Indian
Constitution is extensive and significant. It empowers the court to enforce
fundamental rights, issue writs, undertake judicial review, protect minorities, and act
as the final interpreter of the Constitution. This jurisdiction ensures that the
Supreme Court serves as a bulwark against arbitrary state action and safeguards the
rights and liberties of the citizens of India.