Article 32 of the Indian Constitution: UPSC 2025 Polity Notes

Actual Article

Article 32: Remedies for enforcement of rights conferred by this Part

1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
3. Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

UPSC Notes for Article 32

• Fundamental Right to Constitutional Remedies: Article 32 is often referred to as the “heart and soul” of the Indian Constitution as it provides a guaranteed remedy for the enforcement of Fundamental Rights.
• Direct Access to the Supreme Court: Individuals can directly approach the Supreme Court if they believe their Fundamental Rights have been violated.
• Writ Jurisdiction: The Supreme Court can issue five types of writs for the enforcement of Fundamental Rights:
• Habeas Corpus: To secure the release of a person unlawfully detained.
• Mandamus: To direct a public authority to perform a duty it is refusing to perform.
• Prohibition: To prohibit a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash the order of a lower court or tribunal on grounds of jurisdictional error.
• Quo Warranto: To challenge the legality of a person’s claim to a public office.
• Non-Suspension: Article 32(4) states that the right to constitutional remedies cannot be suspended except during a national emergency as per Article 359.

Important Cases Related to Article 32

1. Rudul Shah v. State of Bihar (1983): The Supreme Court ordered compensation for unlawful detention, establishing that Article 32 can be used to grant relief beyond mere release from detention.
2. S.P. Gupta v. Union of India (1981): Known as the Judges’ Transfer Case, this case expanded the scope of locus standi, allowing public interest litigation (PIL) under Article 32.
3. Bandhua Mukti Morcha v. Union of India (1984): The Supreme Court entertained a PIL for the release of bonded laborers, demonstrating the broad reach of Article 32 in addressing social justice issues.

Important Reports Related to Article 32

• The National Commission to Review the Working of the Constitution (2002): Recommended measures to strengthen the enforcement of Fundamental Rights through Article 32 and suggested improvements in the judicial process to make justice more accessible.
• The Law Commission of India Reports: Various reports have discussed the efficiency and effectiveness of writ jurisdiction under Article 32, recommending procedural reforms to expedite justice delivery.

Additional Insights

• Guardian of Fundamental Rights: Article 32 empowers the Supreme Court to act as the protector of Fundamental Rights, reinforcing its role as the guardian of the Constitution.
• Public Interest Litigation (PIL): The liberal interpretation of locus standi has allowed NGOs and individuals to file PILs under Article 32, making it a tool for social change and public accountability.
• Judicial Activism: The Supreme Court’s proactive approach in entertaining PILs under Article 32 has been instrumental in addressing various socio-economic issues, thus playing a crucial role in judicial activism in India.

Previous Year Prelims Questions Related to Article 32

1. UPSC Prelims 2017: Consider the following statements:

• (1) Article 32 provides the right to move the Supreme Court for the enforcement of Fundamental Rights.
• (2) The Supreme Court can issue writs under Article 32 to enforce Fundamental Rights. Which of the statements given above is/are correct?
• (a) 1 only
• (b) 2 only
• (c) Both 1 and 2
• (d) Neither 1 nor 2 Answer: (c) Both 1 and 2

1. UPSC Prelims 2014: Which one of the following is not a writ issued by the Supreme Court under Article 32?

• (a) Habeas Corpus
• (b) Mandamus
• (c) Certiorari
• (d) Injunction Answer: (d) Injunction

Previous Year Mains Questions Related to Article 32

1. UPSC Mains 2015: Discuss the significance of Article 32 in the protection of Fundamental Rights in India. How does the Supreme Court ensure the enforcement of these rights through its writ jurisdiction? (15 marks)
2. UPSC Mains 2018: Analyze the role of Article 32 in the context of judicial activism in India. How has the Supreme Court utilized this provision to address public interest issues? (10 marks)

By thoroughly understanding Article 32, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive understanding of the constitutional mechanisms designed to protect and enforce Fundamental Rights in India, reinforcing the critical role of the Supreme Court in upholding the rule of law and justice.