What is Article 32 of Indian constitution |
Article 32 of the Indian Constitution is one of the most powerful and important rights. It gives citizens the Right to Constitutional Remedies — meaning if your fundamental rights are violated, you can directly approach the Supreme Court.
📜 Text of Article 32 (Simplified)
“The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.”
✅ Key Features of Article 32
Feature | Description |
---|---|
Purpose | To protect Fundamental Rights |
Who can approach | Any citizen of India |
Where to approach | Directly to the Supreme Court |
Remedies available | Writs issued by the court to enforce rights |
Type of right | Fundamental Right itself |
🖊️ Dr. B.R. Ambedkar said:
"Article 32 is the heart and soul of the Constitution."
✋ When can you use Article 32?
When any of your Fundamental Rights (Articles 12 to 35) are violated — such as:
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Right to Equality (Article 14)
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Right to Freedom (Article 19)
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Right to Life (Article 21)
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Protection from discrimination (Article 15)
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Freedom of Religion (Article 25), etc.
⚖️ Types of Writs under Article 32
The Supreme Court can issue five types of writs to protect your rights:
Writ Name | Purpose |
---|---|
Habeas Corpus | “Produce the body” – to release someone from illegal detention |
Mandamus | “We command” – directs a public official to do their duty |
Prohibition | Stops a lower court from going beyond its power |
Certiorari | Transfers a case from lower court to higher court for review |
Quo Warranto | “By what authority” – challenges someone’s right to hold a public post |
🧠 Important Points:
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Only the Supreme Court can be approached under Article 32.
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High Courts can enforce rights too, under Article 226, but Article 32 is a guaranteed remedy.
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Article 32 cannot be suspended, except during a national emergency (Article 359).
🏛️ Landmark Case:
Maneka Gandhi v. Union of India (1978)
Supreme Court widened the scope of Article 21 and reinforced that Article 32 is a direct route to seek justice when rights are denied.
📌 Summary of Article 32
Point | Description |
---|---|
Type of right | Fundamental Right |
Who can use it | Any citizen of India |
Purpose | To enforce Fundamental Rights |
Authority involved | Supreme Court of India |
Tools used | Five writs |
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