ARTICLE 32 AND 226 (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     16th April 2024        
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Context: Recently, two Supreme Court judges highlighted the need for introspection regarding court priorities, as they questioned the decision to entertain a petition from a business house over a poor prisoner seeking premature release, despite the transformative justice rendered through articles 32 and 226.

Article 226

  • About: It grants exceptional authority to the High Courts, providing them with the power to issue writs, orders, and directions.
  • Upholding Fundamental Rights: The primary purpose of Article 226 is to enable the High Courts to enforce fundamental rights guaranteed by the Constitution and to ensure justice prevails in society.
  • Issuance of Writs: Under Article 226, High Courts can issue 5 kind of writs.
  • Extensive Jurisdiction: The jurisdiction conferred upon the High Courts by Article 226 is broad, encompassing both civil and criminal matters, thereby solidifying their role as a cornerstone of the Indian legal framework.

Article 32

  • About: Article 32 of the Indian Constitution grants the Supreme Court of India the authority to safeguard and uphold fundamental rights.
  • Right to Constitutional Remedies: Termed as the "Right to Constitutional Remedies," Article 32 allows individuals to directly approach the Supreme Court in cases of fundamental rights violation.
  • Also known as: Heart and Soul' of the Indian Constitution by Dr B. R. Ambedkar.
  • Supreme Court's Authority: As the ultimate protector of fundamental rights, the Supreme Court has the power to issue writs, orders, or directions.

oBoth the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto

  • Scope of Fundamental Rights: The rights protected under Article 32 encompass various freedoms, including equality, freedom of speech and expression, protection against discrimination, and the right to life and personal liberty.
  • Exclusive Jurisdiction: The Supreme Court's jurisdiction under Article 32 is exclusive and extends to matters concerning the violation of fundamental rights, ensuring a centralized mechanism for addressing such issues.