Right to Constitutional Remedies: Article 32 of the Indian Constitution

Introduction

The Right to Constitutional Remedies is a fundamental right that allows citizens of India to move to the High Court or the Supreme Court to protect their fundamental rights. Article 32 of the Indian Constitution specifically provides this right concerning the Supreme Court, while Article 226 provides similar powers to the High Courts.

Table of Contents

1.     What is the Right to Constitutional Remedies?

2.     Article 32 of the Indian Constitution

3.     Objectives of the Right to Constitutional Remedies

4.     Provisions of the Right to Constitutional Remedies

5.     Exceptions to the Right to Constitutional Remedies

6.     Writs Under Article 32

7.     Landmark Judgments Related to Article 32

8.     Recent Observations on Article 32

9.     UPSC Notes on Right to Constitutional Remedies

10.                        MCQs for UPSC Exam

11.                        FAQs on Right to Constitutional Remedies

12.                        List of Relevant Articles and Case Laws

What is the Right to Constitutional Remedies?

The Right to Constitutional Remedies is a fundamental safeguard provided to individuals to protect their fundamental rights against any infringement. This right enables citizens to directly approach the Supreme Court or High Courts without having to go through lower courts first.

Article 32 of the Indian Constitution

Content of Article 32

• Right to Move to Supreme Court: Article 32(1) gives citizens the right to move to the Supreme Court directly in case of violation of their fundamental rights.
• Issuance of Writs: Article 32(2) empowers the Supreme Court to issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, certiorari, and quo-warranto, for the enforcement of fundamental rights.
• Guarantee of Remedies: Article 32(3) allows Parliament to empower any other court to issue writs.
• Non-suspension: Article 32(4) states that the right guaranteed by Article 32 cannot be suspended except as otherwise provided by the Constitution.

Objectives of the Right to Constitutional Remedies

• Protection of Fundamental Rights: Ensures that the fundamental rights guaranteed by the Constitution are not violated.
• Direct Access to Supreme Court: Provides citizens with a direct and swift remedy to approach the Supreme Court for the enforcement of their rights.
• Judicial Safeguard: Acts as a judicial safeguard against the infringement of fundamental rights.

Provisions of the Right to Constitutional Remedies

• Supreme Court’s Role: The Supreme Court is the protector and guardian of fundamental rights and has original jurisdiction to issue writs for their enforcement.
• High Court’s Role: High Courts also have the power to issue writs under Article 226 for the enforcement of fundamental rights and for other purposes.
• Types of Writs: The Supreme Court and High Courts can issue five types of writs: habeas corpus, mandamus, prohibition, certiorari, and quo-warranto.

Exceptions to the Right to Constitutional Remedies

• Suspension during Emergency: Article 19 rights get suspended during a national emergency (Article 358). Article 359 allows the President to suspend the right to move the courts for the enforcement of certain fundamental rights during an emergency.
• High Court First: In some cases, the Supreme Court has ruled that petitioners should first approach the High Court before coming to the Supreme Court.

Writs Under Article 32

Habeas Corpus

• Meaning: "To produce the body"
• Purpose: To release a person who has been unlawfully detained.
• Scope: Can be issued against public authorities as well as private individuals.

Mandamus

• Meaning: "We command"
• Purpose: To compel a public official or body to perform a duty they are legally obligated to perform.
• Scope: Cannot be issued against private individuals or discretionary duties.

Prohibition

• Meaning: To forbid
• Purpose: To stop a lower court or tribunal from exceeding its jurisdiction.
• Scope: Prevents action but does not undo what has already been done.

Certiorari

• Meaning: "To be certified"
• Purpose: To transfer a case from a lower court to a higher court or to quash an order of a lower court that is acting beyond its jurisdiction.
• Scope: Corrects errors of jurisdiction and procedure.

Quo-Warranto

• Meaning: "By what authority"
• Purpose: To challenge the legal right of a person to hold a public office.
• Scope: Ensures that no unauthorized person holds a public office.

Landmark Judgments Related to Article 32

Romesh Thapar vs. State of Madras (1950)

• Issue: Freedom of speech and expression.
• Judgment: Article 32 is a fundamental safeguard for enforcing fundamental rights.

L. Chandra Kumar vs. Union of India (1997)

• Issue: Jurisdiction of Administrative Tribunals.
• Judgment: Article 32 is a basic feature of the Constitution.

S.P. Sampath Kumar vs. Union of India (1987)

• Issue: Tribunal's jurisdiction.
• Judgment: Article 32 powers are part of the Constitution’s basic structure.

Recent Observations on Article 32

• Case of Siddique Kappan: The Supreme Court requested answers from state and federal governments regarding the petitioner’s inability to seek justice in the High Court.
• Dismissal of Woman’s Petition: The Chief Justice of India dismissed a petition filed under Article 32, emphasizing the High Courts' capacity to handle such matters.

UPSC Notes on Right to Constitutional Remedies

Key Features

1.     Fundamental Right: Article 32 itself is a fundamental right.

2.     Judicial Review: Provides a mechanism for judicial review of legislative and executive actions.

3.     Writs: Enables the issuance of writs to enforce fundamental rights.

4.     Direct Access: Allows citizens direct access to the Supreme Court.

Important Cases

1.     Romesh Thapar vs. State of Madras (1950)

2.     L. Chandra Kumar vs. Union of India (1997)

3.     S.P. Sampath Kumar vs. Union of India (1987)

MCQs for UPSC Exam

1- Which one of the following rights was described by Dr. B.R. Ambedkar as the heart and soul of the Constitution?

a) Right to Freedom of Religion
b) Right to Property
c) Right to Equality
d) Right to Constitutional Remedies

Answer: d) Right to Constitutional Remedies

2- Which writ is issued to free a person who has been illegally detained?

a) Quo-Warranto
b) Mandamus
c) Certiorari
d) Habeas Corpus

Answer: d) Habeas Corpus

3- Which of the following statements is/are correct?

1.     Quo-warranto Writs are powerful instruments for safeguarding against the usurpation of public offices.

2.     To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it, the High Court can issue a Mandamus.

a) Only 1
b) Only 2
c) Both 1 and 2
d) Neither 1 nor 2

Answer: c) Both 1 and 2

4- The writ of Prohibition is issued by a higher court to:

a) Release a person who has been unlawfully detained
b) Stop a lower court from exceeding its jurisdiction
c) Transfer a case from a lower court to a higher court
d) Command a public official to perform a duty

Answer: b) Stop a lower court from exceeding its jurisdiction

5- Which article deals with the right to constitutional remedies in India?

a) Article 19
b) Article 21
c) Article 32
d) Article 226

Answer: c) Article 32

6- Which writ means "We command"?

a) Habeas Corpus
b) Mandamus
c) Certiorari
d) Quo-Warranto

Answer: b) Mandamus

7- Which writ is used to determine the legality of a person’s claim to a public office?

a) Habeas Corpus
b) Mandamus
c) Quo-Warranto
d) Prohibition

Answer: c) Quo-Warranto

8- Which article empowers High Courts to issue writs?

a) Article 32
b) Article 44
c) Article 226
d) Article 245

Answer: c) Article 226

9- What does the writ of Certiorari aim to do?

a) Release a person unlawfully detained
b) Transfer a case from a lower court to a higher court
c) Command a public official to perform a duty
d) Prevent a lower court from exceeding its jurisdiction

Answer: b) Transfer a case from a lower court to a higher court

10- Article 32 provides the right to:

a) Freedom of speech and expression
b) Equal pay for equal work
c) Move the Supreme Court for enforcement of fundamental rights
d) Form associations or unions

Answer: c) Move the Supreme Court for enforcement of fundamental rights

FAQs on Right to Constitutional Remedies

What is the Right to Constitutional Remedies?

The Right to Constitutional Remedies allows citizens to move to the High Court or Supreme Court for the protection of their fundamental rights.

What are the Five Constitutional Remedies?

The five writs under Articles 32 and 226 are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.

Why is the Right to Constitutional Remedies considered the soul of the Constitution?

B.R. Ambedkar described it as the heart and soul of the Constitution because it allows citizens to seek judicial redressal if their rights are violated.

What is the importance of the Right to Constitutional Remedies?

It ensures that citizens have a direct and effective remedy to protect their fundamental rights.

What are the limitations of the Right to Constitutional Remedies?

During a national emergency, certain fundamental rights and the right to approach courts may be suspended.

List of Relevant Articles and Case Laws

Articles

1.     Article 32: Right to Constitutional Remedies.

2.     Article 226: Power of High Courts to issue writs.

3.     Article 358: Suspension of provisions of Article 19 during emergencies.

4.     Article 359: Suspension of rights under Part III during emergencies.

Landmark Case Laws

1.     Romesh Thapar vs. State of Madras (1950): Article 32 as a fundamental safeguard.

2.     L. Chandra Kumar vs. Union of India (1997): Article 32 as a basic feature of the Constitution.

3.     S.P. Sampath Kumar vs. Union of India (1987): Article 32 powers as part of the Constitution’s basic structure.

This structured format and detailed analysis provide a comprehensive understanding of the Right to Constitutional Remedies under Article 32, tailored for UPSC exam preparation.