Article 32 Constitutional Remedies and Writs | Kerala PSC Graduate

Article 32 of the Indian Constitution is a crucial provision that deals with the right to constitutional remedies, which is a fundamental right guaranteed to all citizens. This topic carries significant weight in the Kerala PSC exam, as it is a key aspect of Indian polity and has been the subject of numerous Supreme Court judgments, including the landmark case of Kesavananda Bharati v. State of Kerala, 1973. Understanding the provisions of Article 32 and its related case laws is essential for aspirants to excel in the exam.

Introduction to Article 32

Article Number	Part of the Constitution	Description
Article 32	Part III (Fundamental Rights)	Right to constitutional remedies
Article 226	Part VI (The States)	Power of high courts to issue writs
Article 136	Part V (The Union)	Special leave to appeal by the Supreme Court

Key Provisions of Article 32

• Article 32 of the Indian Constitution provides the right to move the Supreme Court by appropriate proceedings for the enforcement of the fundamental rights guaranteed by Part III of the Constitution.
• The Supreme Court has the power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of fundamental rights.
• The right to constitutional remedies under Article 32 is guaranteed to all citizens, as well as to non-citizens, as held by the Supreme Court in the case of Sunil Batra v. Delhi Administration, 1978.

Supreme Court Judgments

• In the case of Kesavananda Bharati v. State of Kerala, 1973, the Supreme Court held that Article 32 is a part of the basic structure of the Constitution and cannot be amended.
• The Supreme Court in the case of Smt. Indira Nehru Gandhi v. Raj Narain, 1975, held that the right to constitutional remedies under Article 32 is a fundamental right that cannot be suspended even during a national emergency.
• In the case of Minerva Mills Ltd. v. Union of India, 1980, the Supreme Court struck down certain provisions of the 42nd Constitutional Amendment Act, 1976, which had attempted to limit the power of judicial review under Article 32.

Constitutional Amendments

• The 42nd Constitutional Amendment Act, 1976, had introduced certain changes to Article 32, which were later struck down by the Supreme Court in the case of Minerva Mills Ltd. v. Union of India, 1980.
• The 44th Constitutional Amendment Act, 1978, restored the original provisions of Article 32, which had been amended by the 42nd Amendment Act.
• The 97th Constitutional Amendment Act, 2011, introduced changes to Article 19(1)(c) of the Constitution, which has an indirect impact on the right to constitutional remedies under Article 32.

Writs under Article 32

• The Supreme Court can issue five types of writs under Article 32: habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
• Habeas corpus is a writ that is issued to protect the personal liberty of an individual, as held by the Supreme Court in the case of A.K. Gopalan v. State of Madras, 1950.
• Mandamus is a writ that is issued to compel a public authority to perform a public duty, as held by the Supreme Court in the case of Union of India v. Sankalchand Sheth, 1977.

High Court Powers under Article 226

• Article 226 of the Indian Constitution grants the high courts the power to issue writs, including writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
• The high courts can issue writs for the enforcement of fundamental rights, as well as for other purposes, such as to protect the rights of individuals under the Constitution or under any other law.
• The Supreme Court has held that the power of the high courts to issue writs under Article 226 is concurrent with the power of the Supreme Court under Article 32, as held in the case of L. Chandra Kumar v. Union of India, 1997.

Right to Constitutional Remedies

• The right to constitutional remedies under Article 32 is a fundamental right that is guaranteed to all citizens, as well as to non-citizens.
• The Supreme Court has held that the right to constitutional remedies is a basic structure of the Constitution, as held in the case of Kesavananda Bharati v. State of Kerala, 1973.
• The right to constitutional remedies is an essential feature of the Indian Constitution, as it provides a mechanism for the enforcement of fundamental rights and for the protection of individual liberties.

Quick Recap for PSC

• Article 32 of the Indian Constitution provides the right to constitutional remedies, which is a fundamental right guaranteed to all citizens.
• The Supreme Court has the power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of fundamental rights under Article 32.
• The 42nd Constitutional Amendment Act, 1976, had introduced certain changes to Article 32, which were later struck down by the Supreme Court in the case of Minerva Mills Ltd. v. Union of India, 1980.
• The Supreme Court has held that the right to constitutional remedies under Article 32 is a basic structure of the Constitution, as held in the case of Kesavananda Bharati v. State of Kerala, 1973.
• The high courts have the power to issue writs under Article 226, which is concurrent with the power of the Supreme Court under Article 32.
• The right to constitutional remedies is an essential feature of the Indian Constitution, as it provides a mechanism for the enforcement of fundamental rights and for the protection of individual liberties.