Question : Examine the importance of Article 32 in safeguarding Fundamental Rights. Why is it regarded as the heart & soul of the constitution?
Article 32 was born out of Dr B R Ambedkar's Vision. Fundamental Rights without Remedies are meaningless. Hence article 32 was incorporated which provided the Right to Constitutional Remedies for the enforcement of Fundamental Rights.
Role of Article 32 in safeguarding Fundamental Rights -
Article 32 provides four provisions in this regard:-
- Right to move to the Supreme Court directly for the enforcement of Fundamental Rights.
- 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.
- Parliament can empower any courts to issue directions, order & writs. However High Cort under Article 226 has already been conferred with these powers.
- 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.
Article 32 is considered as Heart & Soul -
It prevent the state from arbitrary action against citizens and reinforces the Rule of Law by issuing Writs
Hence it is rightly said by Dr B R Ambedkar that Article 32 is the Heart & Soul of the Constitution.