Article 32 is a fundamental right provision in Part III of the Constitution of India, guaranteeing the right to constitutional remedies. It was created by the Constituent Assembly and was debated as Draft Article 25, with its inclusion ensuring that the Fundamental Rights were not merely declarations but were enforceable. Dr. B.R. Ambedkar famously called Article 32 the "very soul of the Constitution and the very heart of it," arguing that without it, the Constitution would be a nullity. The problem it solved was providing an effective, guaranteed mechanism for citizens to seek redress against the state for the violation of their Fundamental Rights.
The mechanism works by guaranteeing the right to move the Supreme Court directly for the enforcement of rights conferred by Part III. Under Article 32(2), the Supreme Court is empowered to issue directions, orders, or writs, including the five prerogative writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. This power is mandatory, meaning the Supreme Court cannot refuse to entertain a petition under Article 32 if a Fundamental Right is violated. The right guaranteed by Article 32(4) cannot be suspended except as otherwise provided by the Constitution, such as during a National Emergency under Article 359.
Article 32 is intrinsically connected to Article 226, which grants similar writ jurisdiction to the High Courts. However, the scope of Article 32 is limited strictly to the enforcement of Fundamental Rights, while Article 226 is broader, allowing High Courts to issue writs for Fundamental Rights and "any other purpose," covering other legal rights. The Supreme Court has declared that Article 32 is a part of the Basic Structure of the Constitution, established in cases like L. Chandra Kumar v. Union of India. This means that the provision cannot be abridged or taken away even by a Constitutional Amendment Act. There have been no recent amendments to the text of Article 32 itself, but its interpretation has evolved, notably with the development of Public Interest Litigation (PIL), which allows the court to be approached on behalf of others whose rights are violated. (299 words)