Analysis of Article 32

Article 32 is the heart and soul of constitution. It deals with the ‘Right to Constitutional Remedies’, and affirms the right of an individual to move the Supreme Court if a fundamental right is violated. The Articles 32 provide with five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Article 32 makes the Apex Court both the guarantor and defender of Fundamental Rights. In article 32 the rights of an individual can be suspended during the emergency.
It has a limited scope and is only applicable in case of violation of fundamental rights. It has jurisdiction all over India and empowers Supreme Court to issue writs pan India. The rights under Article 32 cannot be refused by the Supreme Court.
Articles 32 and 226 are slightly different in terms of powers but both of them ensures that the rights of the Indian citizens are protected and provisions of the Constitution of India are upheld. “It is submitted that there is no restriction specified as to who per se can file a petition for the enforcement of fundamental rights of the citizens under Article 32, thus, anyone including the State can also approach this Hon’ble Court seeking reliefs pertaining to the enforcement and protection of the Fundamental.

Article 32 is a fundamental right under Part -III of the Constitution.
“Habeas Corpus” is a Latin term which means ‘to have the body’. If a person is detained unlawfully, his relatives or friends or any person can move the Court by filing an application under Article 226 in High Court or under Article 32 in Supreme Court for the writ of Habeas Corpus. The Court on being satisfied with the contents of the application, issues the writ.
The expression ‘Mandamus’ is a Latin term which means “ We Command”. Mandamus is a Judicial order issued in the form of a command to any Constitutional, Statutory or Non-Statutory authority asking to carry out a public duty imposed by law or to refrain from doing a particular act, which the authority is not entitled to do under the law.
The expression ‘prohibition’ literally means ‘to prohibit’. The Writ of Prohibition is a Judicial order issued by the Supreme Court or a High Court to an inferior Court or quasi-judicial body forbidding the latter to continue proceedings therein in excess of its jurisdiction
The expression “ certiorari” is a Latin word which means “ to certify”. This writ confers power on the Supreme Court and High Courts to correct illegality of their decisions. ‘Certiorari’ is a judicial order issued by the Supreme Court under Article 32 and/or by the High Court under Article 226 of the Constitution to an inferior Court or quasi-judicial or any administrative body to transmit to the Court of records of proceedings pending therein for scrutiny and decide the legality and validity of the orders passed by them.
The term ‘Quo Warranto’ means ‘what is your authority ‘ It is a judicial order asking a person, who occupies public office, to show by what authority s/he holds the office. If it is found that the holder of the office has no valid title, then this writ is issued to him to oust from the office.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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