Right to Constitutional Remedies [Art 32] UPSC

In this article, we will discuss the Right to Constitutional Remedies in a simple and easy way, and understand its various important aspects,

So to understand well, definitely read this article till the end and also read other articles related to this topic. Fundamental Rights

What will we do about the rights if we do not know that if someone violates my rights then what should I do in that situation, where to go!. So before starting, Remember here that,

This article is a continuation of the earlier articles on Fundamental Rights. So far we have understood Right to Equality, Right to Freedom, Right against Exploitation, Right to Religious Freedom and Rights related to culture and education. If you haven’t understood it, then definitely understand it.

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right to constitutional remedies

Our Constitution lays great emphasis on Fundamental Rights to create a public welfare state. But as we know that the powers are in the hands of the state and our constitution is amendable that means the state can amend it if it wants.

In such a situation, what is the guarantee that they should not remove the fundamental rights by amending them. This was absolutely possible and the Constituent Assembly knew this very well. That is why it was provided through Article 13 that any law which abrogates the Fundamental Rights shall be struck down to that extent.

Now one thing may come to your mind that when there is a provision in Article 13 that Fundamental Rights cannot be abrogated or abrogated by any law, then why the need for Article 32?

For this, let us consider some natural questions. Suppose that Parliament has to remove any fundamental right but due to Article 13, it is not able to remove it, then it has a way, Article 368 which gives the Parliament the power to amend the Constitution. With his help, they should first remove or amend Article 13 itself. As soon as this happens, after that easily he can make any change in the fundamental rights.

The second thing is that the court is not sitting just because which law is being made by the government, whose fundamental right is being violated; This is the right given to the citizen, any person or his groups and it is his job to raise his voice on the violation of such rights, but the question is that the Constitution has given so much priority to the fundamental right, but if it is in any way by the state. If people go, then where should they go? 

That is to say, a fundamental right is of no use unless it is protected and unless there is an effective machinery to enforce it.

Keeping this in mind, the provision of Article 32 was included in the Constitution for the protection of Fundamental Rights. Its special thing is that it is itself a fundamental right and it provides the right to constitutional remedies. Let us know what kind of treatment it provides-

Note – This Article 32 can never be amended as it is a part of the basic structure of the Constitution .

Right to constitutional remedies and its provisions

There are some provisions under Article 32, which are as follows.

1. Whenever there is a violation of the Fundamental Rights, any person can directly approach the Supreme Court. That is why the Supreme Court is called the custodian of Fundamental Rights.

Since our judicial system is integrated, in normal cases, we start with the lower courts and if we are not satisfied with that, then move on to the higher courts. Our ultimate target is the Supreme Court. But regarding the fundamental rights, we can directly go to the Supreme Court if we want.

2. The Supreme Court shall have power to issue such orders or writs for the enforcement of any of the rights conferred by this Part of the Constitution. Under which they can issue habeas corpus, mandamus, prohibition, certiorari and quo warranto writs.

It is important to know here that the High Court also has the power to issue writs which are mentioned in Article 226 but it is not a fundamental right.

This means you can also understand in this way that if a person files a petition in the Supreme Court under Article 32, then the Supreme Court cannot refuse to hear,

On the other hand, under Article 226 , if a person files a petition in the High Court, then the High Court is not bound to hear it, although it is rarely seen in practice.

One more thing to note here is that the Supreme Court can issue writs only for the implementation of Fundamental Rights, while the High Court can issue this for any other purpose other than these. That is, the jurisdiction of the High Court in this matter is more than that of the Supreme Court.

3. Parliament has the power to grant the power to issue writs to any other court, but at present it is with the Supreme Court and the High Court only.

4.Except as otherwise provided by this Constitution, the right guaranteed by this article shall not be suspended. That is, if the President wants, during the national emergency, it can be postponed under Article 359.

Overall this is the Right to Constitutional Remedies, hope it is understood. Its next part is of Writ , must understand it – Types of Writ and its scope of work.

Right to Constitutional Remedies Practice Quiz

रिट के प्रकार और उसके कार्य क्षेत्र मूल अधिकार के अन्य उपबंध मूल अधिकारों एवं निदेशक तत्वों में टकराव विधि की सम्यक प्रक्रिया क्या है? संविधान की मूल संरचना संविधान संशोधन की पूरी प्रक्रिया राज्य के नीति निदेशक तत्व (DPSP) संसदीय व्यवस्था भारत की संघीय व्यवस्था सहकारी संघवाद

Types of writ and its scope Article 33, Article 34 & Article 35 Conflict b/w Fundamental Rights and DPSP Procedure established by law Kesavananda Bharati Case  process of constitutional amendment AK Gopalan case 1950 Directive Principles of State Polic Parliamentary system of Government Federal System of India

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Article 31

If you are wondering why we did not discuss about Article 31, then let me tell you that it is related to the right to property and it has been removed from the fundamental rights of the Constitution. Why this has been done, this is an interesting story, click here to understand it

Important links,
मूल संविधान भाग 3
एनसीईआरटी क्लास 11B