ARTICLE 32

Subject : Polity

Context : A Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.

Concept :

• Article 32 is one of the fundamental rights listed in the Constitution that each citizen is entitled.
• Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
• Only if fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.
• Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
• Habeas corpus – related to personal liberty in cases of illegal detentions and wrongful arrests
• Mandamus — directing public officials, governments, courts to perform a statutory duty;
• Quo warranto — to show by what warrant is a person holding public office;
• Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
• Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
• When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.