Right to Constitutional Remedies, the heart and soul.
This article is an attempt to throw light on the mother of all remedies, the one enshrined in the Constitution of India, 1950, Article 32 it is. Let’s start from the scratch, Part III of our Constitution provides for the Fundamental Rights and such is the declaration of rights justiciable and enforceable for the citizens and the persons as defined along with certain reasonable restrictions imposed. But the framers also with a probable apprehension of violation or infringement of such fundamental rights gave place to another fundamental right under Art.32 which acts as a remedy in case of such acts that are considered as violative. Article 32 is a legal remedy that, when a person feels and is unreasonably deprived of this fundamental rights can knock the doors of the Supreme Court of India.
Article 32 of the Constitution of India confers the-
Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus (to have the body), mandamus (we command), prohibition (stay order), Quo warranto (by what authority) and certiorari (to be certified), whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
In simpler terms, the term fundamental rights are addressed so only because its essence shall not be withered away. In Ram Singh v Delhi, the Supreme Court observed, “It is our privilege and duty to see that the rights which are intended to be fundamental remain fundamental.”
The Supreme Court of India has been entrusted in upholding this article, Article 32 or heart as the soul of the Constitution of India as rightly addressed by Dr. B.R. Ambedkar who has been a pioneer in the speculations and creation of our Constitution. There are definitely some limitations to it too, first of all, it is to be kept in minds that no fundamental right is absolute because even right to life is subjected to the point that the offender, convicted criminals have to undergo death penalty in pursuance of the commission of some heinous crimes. Right to constitutional remedies is negated during the proclamation of emergency by the president of India. During the emergency, whether it is under Article 352 or Article 358 fundamental rights remain some or the other way suspended or curtailed. The remedies can only hold good when the protector and guarantor of justice(Supreme Courts and High Courts ) come along to keep the flame of right and the might, be burning and so the people actually put their beliefs and trust in one of the essential pillars of our democracy. Any person, when unduly deprived of their fundamental rights can approach the Supreme Court, without following a lengthy process. So to conclude, the Constitutional remedy is an essential fundamental tool engulfed with the principle TO the People, OF the People, BY the People.
The views and opinions expressed in this blog article are those of the authors/bloggers and do not necessarily reflect the official opinion or views of legalconclave.com. The authors/bloggers are solely responsible for any claims arising out of the contents of this article.
Ayushi Richa Mishra
4th Year BA.LLB(Hons.),
New Law College, BVDU, Pune