Category : Polity & Governance

Article 32 – Dr B R Ambedkar’s Vision

Article 32 was born out of Dr B R Ambedkar’s Vision articulated during Constituent Assembly debates, according to CJI Gavai.

The History of introduction of Article 32  - the Heart & Soul of the Constitution

When the Objective Resolution was presented in 1946, according to Ambedkar, it lacked two crucial aspects –

• While Resolution spoke about Rights, it did not provide Remedies.
• Rights without Remedies are meaningless.

This led to incorporation of Article 32, enabling citizens to approach Supreme Court for the enforcement of Fundamental Rights.

Let’s learn more about Article 32 - 

Article 32- Right to Constitutional Remedies for the enforcement of Fundamental Rights of an aggrieved citizen.

The Supreme Court has ruled that Article 32 is a Basic Structure of the Constitution.

Article 32 has four provisions –

1. Right to move to the Supreme Court directly for the enforcement of Fundamental Rights.
2. The Supreme Court can issue Writs for enforcement of Fundamental Rights. There are five types of Writs

• Habeas Corpus – To produce the body of the detained person and then examine the cause and legality of detention.
• Mandamus – Issued by a court to a Public Official asking him to perform his duties.
• Prohibition – Issued by higher court to lower court or Tribunal to prevent the latter from exceeding its jurisdiction.
• Certiorari – Issued by higher court to lower court to transfer a case.
• Quo – Warranto – To enquire about the legality of claim of a person to a public office.

3. Parliament can empower any courts to issue directions, order & writs. However High Cort under Article 226 has already been conferred with these powers.
4. Right to move to the Supreme Court shall not be suspended except otherwise provided by the Constitution. Ex – During National Emergency U/A 359 the President can suspend this provision.