Article 32: Power of Judicial Review by the Supreme Court of India

Article 32 of the Indian Constitution is often described as the “heart and soul” of the Constitution by Dr. B.R. Ambedkar. It guarantees the right to constitutional remedies, allowing individuals to approach the Supreme Court directly when their Fundamental Rights are violated. This article empowers the Supreme Court to protect citizens against the arbitrary actions of the State and ensures the supremacy of the Constitution.

Text of Article 32

“The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. 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.”

Key Features of Article 32

1. Right to Constitutional Remedies

   • Citizens can directly approach the Supreme Court if any Fundamental Right is violated.

   • It ensures the protection and enforcement of Fundamental Rights.

2. Judicial Review

   • Article 32 grants the Supreme Court the power to review laws and actions of the State.

   • Any law or executive action violating Fundamental Rights can be struck down.

3. Writ Jurisdiction

   • The Supreme Court can issue five types of writs to enforce Fundamental Rights:

     1. Habeas Corpus – To release a person unlawfully detained.

     2. Mandamus – To direct a public authority to perform its duties.

     3. Prohibition – To prevent a lower court or authority from exceeding its jurisdiction.

     4. Certiorari – To quash an order passed by a lower court or authority.

     5. Quo Warranto – To question the legality of a person holding a public office.

4. Enforcement of Fundamental Rights Only

   • Article 32 is specific to Fundamental Rights under Part III of the Constitution.

   • For other legal remedies outside Fundamental Rights, citizens may approach High Courts under Article 226 or ordinary courts.

Landmark Cases Related to Article 32

1. Kesavananda Bharati v. State of Kerala (1973)

   • Affirmed that judicial review is a basic feature of the Constitution.

   • Parliament cannot amend Fundamental Rights in a manner that destroys the basic structure.

2. Maneka Gandhi v. Union of India (1978)

   • Expanded the scope of Article 21 (Right to Life) and confirmed that the Supreme Court can enforce Fundamental Rights broadly.

3. Right to Privacy Case (K.S. Puttaswamy v. Union of India, 2017)

   • The Supreme Court upheld privacy as a fundamental right under Article 21, enforceable through Article 32.

4. Unlawful Detention Cases

   • Numerous habeas corpus petitions have been filed under Article 32 to protect individuals from illegal detention by authorities.

Significance of Article 32

• Safeguards Democracy – Ensures citizens can challenge arbitrary state action.

• Strengthens the Rule of Law – No authority is above the Constitution.

• Empowers Citizens – Direct access to the Supreme Court for remedy.

• Protects Fundamental Rights – Acts as a vital tool to enforce constitutional freedoms.

Conclusion

Article 32 is a cornerstone of Indian democracy, empowering the Supreme Court to act as the guardian of Fundamental Rights. Its writ jurisdiction and judicial review powers make it an essential mechanism to maintain constitutional supremacy, protect citizens, and uphold justice.