The Role of Article 32 in Safeguarding Rights

Topic 20: Article 32 of the Constitution of India - Right to Move Supreme Court for Enforcement of Fundamental Rights

Introduction:

One of the defining principles of Common Law is “Ubi Jus, Ibi Remedium.” This maxim means “where there is a right, there is a remedy.” The right to a remedy has been acknowledged as a fundamental right in all legal systems historically. Article 32 of the Indian Constitution gives the right to every citizen to seek constitutional remedy from the Supreme Court, when they have been deprived of their fundamental rights. The Apex Court is vested with the power to issue directives or mandates to ensure the implementation of any of the rights enshrined in the Constitution, as it is acknowledged as the “protector and guarantor of Fundamental rights.” It would be meaningless to grant fundamental rights but not provide remedies for the enforcement of the rights, if they are violated. Thus, power for such enforcement has been vested under Article 32 of the Constitution. The role of the Supreme Court contributes to maintaining the balance of power, ensuring the rule of law, and upholding the democratic principles of the nation.

Part III (Article 12 to 35)

Part III (Article 12 to 35) of the Indian Constitution comprises Fundamental Rights. It is the charter of freedom for the citizens of India. During the Constituent Assembly debates, Dr. B.R Ambedkar had highlighted the significance of Article 32 and referred to it as “the very soul of the Constitution and the very heart of it.”

Amplitude of Supreme Court’s Jurisdiction Under Article 32:

Article 32 is itself a Fundamental Right, and the Supreme Court’s jurisdiction under Article 32 is mandatory by nature and not discretionary. The power of the Supreme Court extends to issuing orders, writs, or directions including: writs in the nature of habeas corpus, mandamus, quo warranto, prohibition, and certiorari, as may be considered necessary for the enforcement of the fundamental rights.

Public Interest Litigation (PIL):

Article 32 forms the basis for PIL to grant the right to the citizens to move the Supreme Court for enforcement of the fundamental rights, in the interest of public welfare. PIL can also be taken up suo moto by the Court itself. PIL has served as a vital avenue for ordinary citizens to elevate matters of societal significance and ensure that governmental bodies and public officials are held answerable. The Rule of Locus Standi in cases of PILs is relaxed when the petitioner is acting in a bona fide manner; PIL should pertain to matters of greater public welfare, devoid of any intentions to gain financial advantage. The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under-trial prisoners. In Hussainara Khatoon v. State of Bihar, PIL was filed by an advocate on the basis of a news item published in the Indian Express, highlighting the plight of thousands of undertrial prisoners in various jails in Bihar. These proceedings led to the release of more than 40,000 undertrial prisoners.

Grounds for Dismissal of Petition Under Article 32:

The Supreme Court can dismiss the petition under Article 32 in the following circumstances: Principle of res judicata; Misrepresentation or Suppression of facts; Availability of alternate remedy; Inordinate delay; Malicious Petition.

Conclusion:

Article 32 plays a critical role in maintaining the rule of law, safeguarding citizens' rights, and ensuring governmental actions align with principles of justice and equality. It provides a direct avenue for citizens to seek justice and remedy for the infringement of their fundamental rights, without facing procedural barriers. In the case of Skill Lotto Solutions Pvt Ltd. v. Union Of India (2020), the Hon’ble Supreme Court held that “Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of rule of law. Article 32 provides for the enforcement of fundamental rights, which is the most potent weapon.”

This article is written by Ms. Hetal Master Principal Attorney at Vis Legis Law Practice, Advocates .