Article 32 of the Indian Constitution confers the Right to Constitutional Remedies for the enforcement of fundamental rights of an aggrieved citizen. It encompasses the following four provisions:
- The right to move to the Supreme Court for the enforcement of Fundamental Rights is guaranteed.
- The Supreme Court possesses the power to issue directions, orders, or writs for the enforcement of any Fundamental Rights.
- Parliament can empower any court, excluding the High Court, to issue directions, orders, and writs without prejudicing the Supreme Court’s powers.
- The right to move to the Supreme Court shall not be suspended, except during a National Emergency, when the President can suspend the right to move to any court for the enforcement of Fundamental Rights.
Noteworthy points regarding the Right to Constitutional Remedies:
- This right transforms the protection of Fundamental Rights into a Fundamental Right itself, making them tangible and real.
- Dr. B.R. Ambedkar praised this right as the “heart and soul” of the Constitution due to its significance.
- The provision designates the Supreme Court as the defender and guarantor of Fundamental Rights.
- It grants the Supreme Court ‘Original‘ and ‘Wide,’ but ‘Not Exclusive‘ powers to enforce Fundamental Rights.
- Original Powers: An aggrieved citizen can directly approach the Supreme Court, not necessarily through appeal.
- Wide Powers: The Supreme Court’s authority is not restricted to issuing orders or directions but extends to all kinds of writs.
- Not Exclusive Powers: The Supreme Court’s powers in this regard are concurrent with other courts empowered by Parliament, such as the writ jurisdiction of High Courts under Article 226.
- Article 32 specifically pertains to the enforcement of Fundamental Rights, excluding the enforcement for any other rights.
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