The Objective of Article 32 of the Indian Constitution

The Objective of Article 32 of the Indian Constitution

The objective of Article 32 is to offer citizens whose basic rights have been violated a quick and effective remedy. To uphold basic rights, the Supreme Court has the authority to grant writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari....

Features of Article 32

Fundamental Right: Article 32 is regarded as a fundamental right in and of itself. It gives people the ability to petition the Supreme Court directly to have their basic rights upheld....

Writs Under Article 32

Under Article 32, the Supreme Court has the authority to issue writs, although it is not required to do so in every case. The Court takes into account the type of right violated, the severity of the breach, and if alternate legal remedies are available while determining whether to grant a writ....

Achievements of Article 32

Landmark Decisions: The delivery of landmark decisions that have reinforced the protection of fundamental rights has been made possible in part by Article 32. For instance, the Supreme Court established the notion of basic structure in the case of Kesavananda Bharati v. State of Kerala, protecting the fundamental tenants of the Constitution. Access to Justice: By giving everyone direct access to the Supreme Court, Article 32 has made sure that everyone has access to the legal system. It has enabled people, particularly members of poor and marginalized groups, to seek legal redress when their basic rights are violated. Judicial Activism: In India, Article 32 has encouraged judicial activism. By interpreting and intervening under Article 32, the Supreme Court has actively contributed to defending and advancing basic rights, creating significant precedents for cases to come. Protection from Arbitrary Actions: Article 32 serves as a defense against the government’s and private entities’ arbitrary actions. By discouraging abuses of basic rights and guaranteeing responsibility, it acts as a deterrent....

Drawbacks of Article 32

Backlog of Cases: The Indian judiciary’s growing case backlog is one of Article 32’s major problems. The growing backlog of cases has slowed down the administration of justice and complicated the prompt settlement of issues pertaining to the upholding of basic rights. Legal Fees and Affordability: For those with low financial means, the expense of bringing a case with the Supreme Court, as well as the cost of legal counsel, might be a disincentive. This might make it more difficult for those who are economically disadvantaged to obtain justice equally. Judiciary overworked: The Supreme Court is under extreme pressure under Article 32 as a result of the overwhelming volume of lawsuits for the enforcement of basic rights. The court’s ability to administer justice may be hampered by the volume of cases. Subjectivity in Interpretation: Article 32’s description of fundamental rights is susceptible to interpretation. Judges’ varied points of view might result in a variety of interpretations, which affects the consistency and uniformity of judgments pertaining to the enforcement of basic rights....

Conclusion

The Indian Constitution’s Article 32 serves as a strong cornerstone in defending and upholding basic rights. It gives people the ability to appeal directly to the Supreme Court, assuring access to justice and safeguarding the values of fairness, equality, and the rule of law. Even while it has made tremendous progress in defending individuals’ rights, fixing its flaws and enacting the required changes would strengthen this crucial clause and make the legal system more effective and accessible....

FAQs on Article 32 of the Indian Constitution

Q. Can emergencies justify a suspension of Article 32?...