Article 32 and Writ Petitions under Indian Constitution | Important Acts and Laws for Judiciary Exams PDF Download

Article 32 of the Indian Constitution

• Right to enforce fundamental rights
• Remedial right granting direct access to the Supreme Court
• Retrospective effect
• Integral part of the Indian Constitution
• Wide powers of the Supreme Court under Article 32
• Dr. Ambedkar's characterization as "the heart and soul" of the Indian Constitution

Provisions under Article 32

• Guarantee of the right to approach the Supreme Court
• Powers of the Supreme Court to issue orders, directions, and writs
• Types of writs: Habeas Corpus, Certiorari, Quo Warranto, Mandamus, Prohibition
• Parliament's power to confer Supreme Court powers to lower courts
• Non-suspension of the right under Article 32 except as provided in the Constitution

Key Writs under Article 32

• Habeas Corpus: Ensuring release from unlawful detention
• Certiorari: Reviewing lower court decisions for jurisdictional errors
• Prohibition: Restraining inferior courts from acting beyond their jurisdiction
• Mandamus: Commanding public officers to fulfill their duties
• Quo Warranto: Challenging the authority of public office holders

Public Interest Litigation (PIL)

• Allowing bona fide persons to represent disadvantaged groups
• Requirement of sufficient interest and full research before approaching the Court
• Applicability in cases arising from executive or legislative actions
• Role in protecting fundamental rights and addressing legislative overreach