Right to Constitutional Remedies
(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, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Article 32 is described by Dr. B.R. Ambedkar as the 'heart and soul of the Constitution.' It guarantees the right to approach the Supreme Court directly for enforcement of fundamental rights. The Court can issue five types of writs: Habeas Corpus (produce the body), Mandamus (command performance of duty), Prohibition (prevent a lower court from exceeding jurisdiction), Quo Warranto (challenge legal authority to hold office), and Certiorari (quash an order). This article makes fundamental rights justiciable and enforceable.
Landmark Supreme Court Cases
S.P. Gupta v. Union of India
1981The Supreme Court held that Article 32 cannot be waived and is itself a fundamental right.
Impact: Reaffirmed that the right to constitutional remedies is inviolable and cannot be contracted away.