On this page you will read detailed information about Article 32 of the Indian Constitution.
Article 32 of the Indian Constitution is a fundamental right that grants individuals the power to seek justice from the Supreme Court when they believe their rights have been unjustly violated. It serves as a safeguard for fundamental rights and empowers the Supreme Court to issue directions or orders for the enforcement of these rights. In this article, we will delve into the concept, purpose, and various aspects of Article 32, providing a comprehensive analysis of its significance in the Indian legal system.
Concept and Purpose of Article 32
The concept of Article 32 revolves around providing individuals with an assured right to move directly to the Supreme Court for the enforcement of their fundamental rights. It serves as a means to protect and guarantee these rights, making the Supreme Court the ultimate authority in ensuring justice. Dr. Ambedkar, one of the architects of the Indian Constitution, considered Article 32 as the most important and indispensable provision, stating that it is the “very soul of the Constitution.”
The purpose of Article 32 is to safeguard individual rights and provide a direct avenue for individuals to approach the Supreme Court without the need to go through lower courts. It ensures expeditious justice and prevents the violation of fundamental rights by any administrative or executive actions. By granting the power to issue directions, orders, or writs, the Supreme Court acts as the protector and guarantor of fundamental rights.
Nature of Writ Jurisdiction
The nature of writ jurisdiction provided under Article 32 is discretionary. The Supreme Court has the authority to exercise this discretion based on certain guiding factors. These factors include locus standi (right to bring an action), availability of alternative relief, res judicata (a case that has been decided), questions of fact, and laches (undue delay). These factors help the court determine the appropriateness of issuing a writ in a given situation.
Types of Writs
Under Article 32, the Supreme Court has the power to issue various types of writs for the enforcement of fundamental rights. These writs include:
1. Habeas Corpus
The writ of habeas corpus, meaning “you have the body” in Latin, is a crucial writ for safeguarding personal liberty. It is used to seek relief from unlawful detention. This writ provides immediate relief to individuals who believe they have been wrongfully imprisoned or detained without legal authority. It protects an individual’s freedom against arbitrary state action that violates fundamental rights.
The writ of habeas corpus can be issued when an individual is unlawfully detained or held in custody without proper legal authority. It ensures that the court reviews the legality of the detention and decides whether the individual should be released or not. However, there are certain circumstances when the writ of habeas corpus cannot be issued, such as when the detention is lawful or authorized by a competent court.
2. Quo Warranto
The writ of quo warranto, meaning “by what authority” in Latin, is used to challenge the right of a person to hold a public office. This writ is issued to restrain individuals from acting in public offices to which they are not entitled. It can be filed against individuals who hold public offices created by the state or the constitution.
The writ of quo warranto can be issued when the following conditions are met: the public office is in question, the office is created by the state or the constitution, and the claim is asserted by the public servant in question. However, it cannot be issued against private individuals or organizations, and it is not applicable to offices of a private nature.
3. Mandamus
The writ of mandamus, meaning “we command” in Latin, is issued to ensure the correct performance of mandatory and purely ministerial duties by lower courts or government officers. It is a directive writ that compels a person or authority to perform a legal duty that falls within their jurisdiction. The writ of mandamus prevents the misuse of powers or duties by the administration or the executive, safeguarding the public from arbitrary actions.
The conditions for issuing a writ of mandamus include a legal right of the applicant for the performance of a legal duty, the nature of the duty being public, the subsistence of the right at the time of petition, and the absence of alternative remedies. However, mandamus cannot be issued against high dignitaries like the President or the Governor, as they are considered part of the state or the union.
In the previous post, we had shared information about Bharatiya Nyaya Sanhita (BNS) : Exploring India’s Legal System, so read that post also.
4. Certiorari
The writ of certiorari, meaning “to be certified” in Latin, is issued when there is a wrongful exercise of jurisdiction by a lower court. It is used to correct errors of jurisdiction or violations of principles of natural justice. This writ can be moved to higher courts, such as the High Court or the Supreme Court, by the affected parties.
The writ of certiorari is issued when a lower court acts without jurisdiction, in excess of jurisdiction, in violation of the principles of natural justice, or with an error of judgment on the face of it. It aims to review the decision of the lower court and ensure that it has acted within the bounds of the law. However, certiorari is not issued against purely administrative or ministerial orders and is limited to judicial or quasi-judicial orders.
5. Prohibition
The writ of prohibition is issued to prevent a lower or subordinate court from exceeding its jurisdiction or acting contrary to the rules of natural justice. It directs the court to stop doing something that the law prohibits. Prohibition is a preventive writ that aims to ensure that lower courts do not act beyond their authority.
The writ of prohibition is issued when a lower court acts without jurisdiction or in excess of jurisdiction, violates the principles of natural justice, or acts outside its jurisdiction. It is usually issued before the lower court passes a final order, halting the proceedings until the higher court reviews the matter. Prohibition is not applicable to administrative authorities discharging administrative, executive, or ministerial functions.
Circumstances for Dismissal of Writ Petitions under Article 32
While Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights, there are certain circumstances under which the court can dismiss a writ petition. These circumstances include:
- Non-filing of the writ in compliance with the court hierarchy: If a person files a writ petition directly in the Supreme Court without exhausting the remedies available in lower courts, the court may dismiss the petition.
- Principle of res judicata: If a case has already been decided by a court, the same matter cannot be re-litigated through a writ petition. The principle of res judicata prevents the re-opening of settled matters.
- Misrepresentation of facts: If the petitioner substantially misrepresents key facts in the writ petition, the Supreme Court may dismiss the petition at any stage.
- Availability of alternative remedy: If the petitioner has an alternative remedy available, such as an appeal or revision, the court may dismiss the writ petition and direct the petitioner to seek the available remedy.
- Inordinate delay: If there is an undue delay in filing the writ petition without any reasonable justification, the court may dismiss the petition.
- Malicious petition: If the writ petition is found to be frivolous, vexatious, or filed with mala fide intentions, the Supreme Court may dismiss the petition.
Against Whom a Writ can be Issued
Under Article 32, a writ can be issued against any authority or person who falls within the definition of “State” as defined in Article 12 of the Indian Constitution. The term “State” includes the government and parliament of India, the government and legislature of each state, and all local or other authorities within the territory of India. It also encompasses authorities controlled by the government of India.
However, it is important to note that a writ cannot be issued against private individuals, companies, or organizations that do not fall under the definition of “State” under Article 12. The writ jurisdiction is limited to public authorities and bodies that exercise governmental or statutory functions.
Suspension of Fundamental Rights
During a declaration of national emergency, the fundamental rights guaranteed under Article 19 of the Indian Constitution are temporarily suspended in accordance with Article 358. However, the 44th Amendment Act of 1978 imposed restrictions on the application of Article 358, stating that it applies only when the national emergency is proclaimed due to war or foreign invasion, rather than an armed rebellion.
While fundamental rights are suspended during emergencies, Article 32 itself is not suspended. This means that individuals can still approach the Supreme Court under Article 32 to challenge the suspension of their fundamental rights or seek redressal for any violation of their rights during the emergency period.
Recent Developments under Article 32
In recent years, several developments have taken place under Article 32 of the Indian Constitution. These include significant judicial pronouncements and clarifications regarding the scope and applicability of Article 32. Here are some noteworthy developments:
- The Supreme Court ruled that writ petitions for recalling directives in Special Leave Petitions (SLP) are not maintainable. This decision aimed to streamline the process and prevent misuse of the writ jurisdiction.
- The Supreme Court emphasized the importance of Article 32 as an integral part of the basic structure of the Constitution. It reiterated that Article 32 provides for the enforcement of fundamental rights and serves as a potent weapon for ensuring the observance of the rule of law.
- The Supreme Court held that once a judgment is declared final under Article 32, it cannot be disputed. This decision aimed to ensure the finality and certainty of judgments rendered by the Supreme Court in writ petitions.
- Various cases have clarified the conditions for the issuance of writs under Article 32 and the limitations on their applicability. These cases have provided guidance on factors such as locus standi, availability of alternative remedies, and the nature of the writs that can be issued.
Key Differences between Article 32 and Article 226
While Article 32 grants individuals the right to move the Supreme Court for the enforcement of fundamental rights, Article 226 confers a similar power to the High Courts. Both articles aim to protect and safeguard fundamental rights, but there are key differences between them. Here is a tabular representation of the differences:
| Article 32 | Article 226 | |
| Applicable Court | Supreme Court of India | High Courts of India |
| Jurisdiction | Original and Writ jurisdiction | Original, Writ, and Appellate jurisdiction |
| Enforcement of Rights | Fundamental rights | Fundamental rights, legal rights, and constitutional rights |
| Applicability | Throughout India | Within the jurisdiction of the respective High Court |
| Power to Issue Writs | All types of writs, including writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto | All types of writs, including writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto |
Status of Writs in Other Countries
Writs are not unique to the Indian legal system. Similar concepts exist in other countries, although they may have different names or variations. Here is a brief overview of the status of writs in two countries:
United States
The United States has a legal mechanism known as “writs of habeas corpus.” It is a constitutional right that allows individuals to challenge their detention or imprisonment. The writ of habeas corpus in the United States serves a similar purpose as the writ of habeas corpus in India, protecting the individual’s liberty and ensuring due process.
England and Wales
England and Wales also have a long history of writs. The writs in England and Wales include habeas corpus, mandamus, prohibition, certiorari, and quo warranto, similar to those in India. These writs play a vital role in the English legal system, ensuring the protection of individual rights and maintaining the rule of law.
Conclusion
Article 32 of the Indian Constitution is a fundamental right that guarantees individuals the power to seek justice for the violation of their fundamental rights. It serves as a crucial mechanism for the enforcement of fundamental rights and ensures that the Supreme Court acts as the protector and guarantor of these rights. The writ jurisdiction provided under Article 32 empowers the court to issue various types of writs, such as habeas corpus, quo warranto, mandamus, certiorari, and prohibition. These writs provide individuals with a means to challenge unlawful detention, unauthorized holding of public offices, or the misuse of powers by the administration. While Article 32 grants individuals the right to move the Supreme Court directly, there are certain circumstances under which the court may dismiss a writ petition. The writ jurisdiction is limited to public authorities falling within the definition of “State” under Article 12. It is important to understand the key differences between Article 32 and Article 226, as well as the status of writs in other countries. Overall, Article 32 plays a vital role in upholding the rule of law and protecting the fundamental rights of individuals in India.
Frequently Asked Questions (FAQs)
Any individual whose fundamental rights have been violated can file a petition under Article 32.
The five writs of Article 32 are habeas corpus, quo warranto, mandamus, certiorari, and prohibition.
Article 32 is considered the most important Article in the Indian Constitution because it provides individuals with an assured right to move directly to the Supreme Court for the enforcement of fundamental rights.
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