ARTICLE 32 & 33

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 :

Notes on Article 32

• 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.

Notes on Article 33 :

• Parliament may, by law, determine to what extent any of the rights conferred by this Part , in their application to, –

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),

• shall be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.