Right to Constitutional Remedies (Article 32) of the Indian Constitution provides a powerful mechanism for enforcing fundamental rights, ensuring that citizens can seek legal remedies if their rights are violated. Dr. B.R. Ambedkar famously called the Right to Constitutional Remedies (Article 32) the "heart and soul" of the Constitution, as it guarantees the right to move the Supreme Court for fundamental rights protection. This article delves into the significance of Article 32, its role in issuing writs, its application during emergencies, and its impact on Public Interest Litigation (PIL).

Right to Constitutional Remedies (Article 32): Right to Remedies

What is Article Right to Constitutional Remedies (Article 32)?

Right to Constitutional Remedies (Article 32) grants individuals the right to seek remedies for the enforcement of their fundamental rights. This means that if any fundamental right is violated, the aggrieved person can directly approach the Supreme Court for justice. The provision itself is a fundamental right, making it a cornerstone of India's constitutional framework.

Key Features of Right to Constitutional Remedies (Article 32)

• It empowers citizens to approach the Supreme Court for the protection of their fundamental rights.
  
  
• The Supreme Court has declared Article 32 as a basic feature of the Constitution, which means it cannot be altered or removed.
  
  
• The right to seek remedies strengthens the real implementation of Fundamental Rights (FRs).
  
  

Writ Jurisdiction under Right to Constitutional Remedies (Article 32)

Types of Writs Issued by the Supreme Court

To enforce fundamental rights, Right to Constitutional Remedies (Article 32) empowers the Supreme Court to issue five types of writs:

1. Habeas Corpus – Protects against unlawful detention by ensuring a person is released if illegally detained.
   
   
2. Mandamus – Commands a government official or authority to perform a duty they have failed to fulfill.
   
   
3. Prohibition – Directs lower courts to stop proceedings in cases where they lack jurisdiction.
   
   
4. Certiorari – Allows higher courts to review and quash decisions made by lower courts exceeding their authority.
   
   
5. Quo-Warranto – Questions the legality of a person holding a public office without proper authority.
   
   

Power of High Courts under Article 226

While Right to Constitutional Remedies (Article 32) provides writ jurisdiction to the Supreme Court, Article 226 grants similar powers to High Courts. However, High Courts can issue writs not just for fundamental rights violations but also for other legal rights.

Parliament's Role in Writ Jurisdiction

Under Article 32, Parliament has the authority to empower lower courts to issue writs, but this provision has not been widely implemented in India.

Right to Constitutional Remedies (Article 32) During National Emergency

Suspension of Rights under Article 359

During a National Emergency, the President can suspend the right to move any court for the enforcement of fundamental rights under Article 359. However, Article 32 itself is not suspended—only the ability to enforce certain rights in courts is temporarily restricted.

Impact on Fundamental Rights During Emergency

• Article 20 and Article 21 (Right to Life and Personal Liberty) cannot be suspended, ensuring some degree of protection.
  
  
• Other fundamental rights, such as freedom of speech or equality, can be curtailed temporarily.
  
  

Public Interest Litigation (PIL) and Right to Constitutional Remedies (Article 32)

Development of PIL in India

Right to Constitutional Remedies (Article 32) has played a crucial role in the evolution of Public Interest Litigation (PIL). PIL allows individuals, NGOs, and organizations to approach the Supreme Court on behalf of those whose rights have been violated but lack the means to seek legal recourse.

Significant Cases in PIL

• Hussainara Khatoon v. State of Bihar (1979) – Ensured the right to a speedy trial for undertrial prisoners.
  
  
• Vishaka v. State of Rajasthan (1997) – Established guidelines against workplace sexual harassment.
  
  
• MC Mehta v. Union of India (1986) – Addressed environmental pollution and industrial hazards.
  
  

Through PILs, Article 32 has become an instrument of social justice, enabling the judiciary to protect vulnerable communities.

Why Right to Constitutional Remedies (Article 32) is Called the "Heart and Soul" of the Constitution?

Dr. B.R. Ambedkar emphasized that without Right to Constitutional Remedies (Article 32), fundamental rights would be meaningless. It is the mechanism through which citizens can directly access the Supreme Court, making it one of the strongest guarantees of justice in India.

Importance of Right to Constitutional Remedies (Article 32)

• Ensures that fundamental rights are not just theoretical but enforceable.
  
  
• Empowers citizens to hold the government accountable for rights violations.
  
  
• Provides a quick and effective legal remedy in cases of injustice.
  
  

Challenges and Criticism of Right to Constitutional Remedies (Article 32)

Judicial Backlog

Due to the increasing number of PILs and individual petitions, the Supreme Court faces a significant backlog of cases, delaying justice.

Misuse of PIL

Some individuals and organizations misuse PILs for personal or political gains, diverting attention from genuine rights violations.

Limited Access for Common Citizens

Despite being a fundamental right, many citizens, especially in rural areas, lack awareness or resources to file petitions under Right to Constitutional Remedies (Article 32).

Way Forward

To ensure effective implementation of Right to Constitutional Remedies (Article 32), the following measures can be taken:

• Speedy Disposal of Cases: Fast-track mechanisms for urgent fundamental rights violations.
  
  
• Awareness Campaigns: Educating citizens about their rights and the availability of Article 32 remedies.
  
  
• Preventing Misuse of PIL: Ensuring PILs are filed in public interest and not for political or personal motives.
  
  
• Empowering Lower Courts: Expanding writ jurisdiction to lower courts to reduce the burden on the Supreme Court.
  
  

Conclusion

Right to Constitutional Remedies (Article 32) is a powerful constitutional safeguard that ensures the enforcement of fundamental rights. By allowing direct access to the Supreme Court, it serves as a guardian of justice and democracy in India. However, challenges like judicial delays and misuse of PILs must be addressed to strengthen its impact. As Dr. Ambedkar rightly said, it remains the "heart and soul" of the Indian Constitution, ensuring that fundamental rights are protected in their true spirit.