This article is written by Shreya Lal, LLB student of KLE college of Law , Mumbai during her internship with LeDroit India.
A mere enumeration of rights, no matter how carefully worded, is not enough. What is needed is a provision for its application, a way of repairing it. Article 32 of the Indian Constitution enshrines this provision, which allows individuals to seek redress for violations of their fundamental rights.
Historical background
Dr B. R. Ambedkar declared during the debates of the Constituent Assembly in December 1948 that the rights conferred on the Supreme Court by this article could not be taken away unless the Constitution were amended and therefore this was “one of the greatest guarantees that one can give may ensure the safety and security of the individual.” Other members of the drafting committee also said that it is a fundamental right for all fundamental rights, as it gives a person the right to appeal to the Supreme Court for redress when fundamental rights are violated “by the Constitution guaranteed.
Objectives of the Article
The main objective of Article 32 is to provide a guaranteed, effective and profitable resource for the protection of fundamental rights. The Supreme Court has primary, but not exclusive, jurisdiction to implement fundamental rights. It is executed simultaneously with the authority of Article 226 of the Supreme Court. It gives the Supreme Court original powers to issue directives, orders and orders of all kinds to protect fundamental rights. Article 32 establishes the Supreme Court as the protector and insurer of fundamental rights. In addition, the High Court has original jurisdiction over the power to make briefs. This means that instead of raising an objection, a person can contact SC directly to find a solution.
Writ- A concept
An Writ an be defined as a written order from a higher authority. It is awarded to a lower court or an individual in the event of a violation of a citizen’s fundamental rights. The Supreme Court of India has the power to issue an Order under Section 32 of the Indian Constitution. Generally, in the event of a violation of fundamental rights or injustice inflicted on a person/victim, a written request is made. It is essentially a constitutional redress measure against the law and order regulator in the country for the following reasons: To help citizens protect their fundamental rights against court orders. In the event of an objection, offering the injured party an alternative is not objected to by the legal remedies lodged with the higher authorities permitted in the legal system. Ensures that justice is done and not denied.
Related case laws
Romesh Thappar v. State of Madras (1950): The Supreme Court found that Article 32 offered a “guaranteed” remedy for the application of fundamental rights. “This court is thus constituted as a protector and guarantor of fundamental rights and, in accordance with the responsibility conferred on it, cannot refuse to hear the claims for Amparo against the violation of these rights,” the court noted.
Case of L. Chandra Kumar v Union of India and Others: Article 32 was an intrinsic and necessary function of the Constitution and constituted its basic structure. Case of Fr. Sampath Kumar v. Union of India: The powers of the Supreme Court under Section 32 were part of the constitutional framework of the Constitution.
Conclusion
Because it guarantees the protection of our fundamental rights, the right to constitutional complaints is considered the most important fundamental right. It helps citizens to take legal action in the event of a violation of their fundamental rights. It also ensures that the government does not violate or ignore the basic rights of citizens.
To get your articles published send us your articles at info.ledroitindia@gmail.com.
Join our WhatsApp Group for daily Job & Internship updates:
CLICK HERE TO JOIN
