ARTICLE:- Article 32 RIGHT TO CONSTITUTIONAL REMEDIES

ARTICLE:- Article 32 RIGHT TO  CONSTITUTIONAL REMEDIES

Author:- NEHA PRAKASH GUPTA, A Student of HINDI VIDYA PRACHAR SAMITI COLLEGE OF LAW

*INTRODUCTION:- Article 32 of the Indian constitution stands as a guardian of justice and a protector of individual rights. It is the very soul of the constitution, providing citizens with the potent tool of direct access to the supreme court when their fundamental rights are under threat. This constitutional provision, enshrined in part 3, embodies the principles of justice, liberty, and equality, ensuring that these rights are not mere ideals but tangible entitlements. To conclude the pivotal role played by article 32 in upholding democracy and safeguarding the rights of every Indian citizens.

*SIGNIFICANCE :- The significance of article 32 cannot be overstated. It serves as the bulwark against tyranny and oppression, empowering citizens to seek redressal when their fundamental rights are violated. This provision is significant for several reasons:-

1 .ACCESS TO JUSTICE :- Article 32 provides a direct avenue to justice, enabling individuals to approach the Supreme Court without traversing lower courts. It eliminates barriers to justice, making it accessible to all.

2. PROTECTION OF FUNDAMENTAL RIGHT: -It is the ultimate safeguard for fundamental rights, ensuring that these rights are not just theoretical guarantees but enforceable entitlements. Any violation of these rights by the state or its authorities can be challenged.

3.JUDICIAL REVIEW:- Article 32 reinforces the principle of judicial review, allowing the Supreme Court to scrutinize the constitutionality of laws, government actions, and policies, ensuring they do not infringe upon fundamental rights.

4.BALANCING POWER :- It acts as a check on the power of the executive and legislative branches, ensuring that they operate within the bounds of the Constitution. 

Article 32 empowers the Supreme Court to issue writs for the enforcement of fundamental rights. The five types of writs available under Article 32 are:

a) Habeas Corpus: A writ that ensures an individual’s release from unlawful detention.

b) Mandamus: A writ that orders a public official or authority to perform a public duty.

c) Prohibition: A writ that prohibits a lower court or tribunal from exceeding its jurisdiction.

d) Certiorari: A writ that seeks the quashing of an order passed by a lower court or tribunal.

e) Quo Warranto  : A writ that inquires into the legality of a person holding a public office.

*CASE LAW:- Bandhua Mukti Morcha v. Union of India: This case dealt with the exploitation of bonded laborers and highlighted the significance of Article 32 in providing access to justice for marginalized and oppressed sections of society.  The Supreme Court held that Article 32 could be invoked not only by aggrieved individuals but also by public-spirited persons or organizations on their behalf. This widened the standing and locus standi for filing petitions under Article 32.

*CONCLUSION:- In conclusion, Article 32 is the cornerstone of the Indian Constitution, offering citizens a potent instrument to protect their fundamental rights. Its significance lies in its ability to guarantee access to justice, shield citizens from arbitrary state action, and uphold the principles of democracy, liberty, and equality. In a democratic nation, Article 32 stands as a sentinel, safeguarding the very essence of democracy and the rule of law.

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