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Article 32 – Right to Constitutional Remedies

Right to Constitutional Remedies under Article 32. This is like the ultimate service center for our rights.
Amith

Article 32 – Right to Constitutional Remedies

1. "Friends, we all know the Constitution gives us Fundamental Rights… but tell me one thing — if someone violates your rights, what will you do? Will you just complain to the police? Or go to a local court? Will that be enough?"
📌 Example:
"Suppose your school or college refuses to admit you just because of your caste or religion. You complain to the police, but they say, ‘This is not our matter.’ You go to a local court, and the case takes years… Will this actually protect your rights quickly?"

2. "What if the police itself violates your rights? Or the government passes a law against your rights? Then where will you go?"
📌 Example:
"Imagine the police arrest you without any reason and keep you locked up for a week without allowing you to meet your family or lawyer. Or imagine the government passes a rule saying ‘You cannot protest peacefully.’ In both cases, the police or government is itself violating your rights. So, where will you complain?"

3. "Isn’t it true that rights are useless unless we have a strong way to protect them? Just like a warranty is useless without a service center."
📌 Example:
"You buy a mobile phone, and it comes with a 1-year warranty. But when it stops working, you find out there is no service center. That warranty becomes just a piece of paper. Similarly, if there’s no powerful authority to protect our Fundamental Rights, those rights are only words on paper."

4. "So, in our Constitution, which article acts as this ‘service center’ for rights? Yes… it is Article 32 — Right to Constitutional Remedies."
📌 Example:
"Article 32 is like the 24x7 emergency helpline for our rights. If anyone — even the government — violates them, you can directly call the ‘big boss’ court of the country: the Supreme Court."



So friends, in all these situations — whether it’s your college denying admission because of caste, or the police arresting you without reason, or the government making a rule that snatches away your freedom — you need someone powerful to protect your rights immediately.

That’s where our Constitution comes to the rescue. It gives us a special Fundamental Right — the Right to Constitutional Remedies under Article 32. This is like the ultimate service center for our rights. No matter who violates your Fundamental Rights — even the government — you can go directly to the Supreme Court and get them protected.

This is why Dr. B. R. Ambedkar called it the ‘Heart and Soul of the Constitution’ — because it keeps all our rights alive and working."

Main Explanation

1. Meaning

  • Fundamental Rights written in the Constitution are useless unless there is a way to protect them when they are violated.

  • Article 32 gives that protection.

  • It allows any citizen to directly approach the Supreme Court to protect Fundamental Rights.

  • This right to protect your rights is itself a Fundamental Right.

  • Dr. B. R. Ambedkar called it the "Heart and Soul of the Constitution" because without it, the Constitution would be meaningless.

  • The Supreme Court has said Article 32 is a Basic Feature — it cannot be removed even by Constitutional Amendment.

2. Four Provisions of Article 32

  1. Right to move the Supreme Court for protecting Fundamental Rights.

  2. Power of Supreme Court to issue writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

  3. Parliament can give writ powers to other courts (but not High Courts because they already have power under Article 226).

  4. Right cannot be suspended — except as provided by the Constitution (e.g., during National Emergency under Article 359).

3. Supreme Court as Defender of Rights

  • Original power → You can go to SC directly, without first going to lower courts.

  • Wide power → The SC can issue any kind of order or writ needed to protect rights — like Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.
    * It’s not limited to giving a simple judgment — it can take strong steps to restore your rights

  • Purpose: Remedy should be guaranteed, quick, cheap, and effective.

    • The whole idea is that remedies should be:

      • Guaranteed → You will get a solution if your rights are violated.

      • Quick → No unnecessary delays.

      • Cheap → Affordable for common people.

      • Effective → Actually restores your rights, not just on paper.

4. Scope of Article 32

  • Can be used only for Fundamental Rights, not for:

    • Other constitutional rights (like Article 300A – right to property) Ex: If the government takes your land without proper compensation, you cannot go to SC under Article 32. You must use normal courts.

    • Statutory rights (rights given by laws)

    • Customary rights 
      Example:

      - In your town, there’s an old custom that every year during a festival, people are allowed to use a certain public ground for celebrations.
      - This year, the municipality cancels that permission because they’re building a sports stadium there.
      - Here, no Fundamental Right is violated — it’s just a customary practice being stopped.
      So Article 32 does not apply — you’d need to go through normal legal channels.

  • Violation of a Fundamental Right is a must for using Article 32.

  • Cannot be used just to check if a law is constitutional unless it directly violates a Fundamental Right.
    - Example:

    The city government makes a rule that all shops must close by 9 PM to save electricity.

    You think, “This is a bad rule, I want to challenge it in the Supreme Court under Article 32.”

    If the government says "All shops must close by 9 PM" — it’s not violating any Fundamental Right, so you can’t use Article 32.

5. Article 32 vs Article 226 (High Court)

  • Jurisdiction is original but not exclusive — both SC & HC can protect Fundamental Rights.

  • High Courts can also issue writs for any other legal rights (wider power).

  • SC has said — if High Court can give the same relief, go there first.

6. Suspension

  • During National Emergency, President can suspend the right to move any court for enforcing Fundamental Rights (except Articles 20 & 21 after 44th Amendment).

7. Quick Example for Students

"Imagine you post something on social media criticising a politician, and police arrest you without a reason. You are not allowed to meet your family or lawyer.
In this case, you can file a Habeas Corpus petition under Article 32 directly in the Supreme Court — and if the detention is illegal, the court will order your release immediately."

Recap for Students

  • Article 32 = Protection for Fundamental Rights

  • Direct access to Supreme Court

  • Dr. Ambedkar = Heart & Soul of Constitution

  • Only for Fundamental Rights

  • SC & HC both have powers

  • Can be suspended during Emergency (with exceptions)

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