Article 32 And The Protection Of Fundamental Rights: An Analysis Of The Supreme Court’s Constitutional Role
Dr. Ritu Malik, Assistant Professor, Chandigarh University, Gharuan, Punjab
Anshita, BA LLB, Chandigarh University, Gharuan, Punjab
ABSTRACT
Article 32 occupies a special place in the Indian constitutional scheme. Introducing it in the Constituent Assembly, Dr. B.R. Ambedkar described it as the very soul and heart of the Constitution. The provision makes the right to approach the Supreme Court for enforcement of Part III rights a fundamental right in its own right. This paper examines the text and structure of Article 32, the five writs available under it, and the way the Court’s interpretation has moved over seven decades from a narrow, text-bound reading to an expansive, rights-oriented one. It traces the relaxation of standing and the rise of Public Interest Litigation (PIL), the link between Article 32 and the basic structure doctrine, and the self-imposed limits of res judicata, delay and alternative remedy. It closes with a discussion of present- day controversies, including the Court’s attempts to set time limits on constitutional functionaries and the reversal of that approach in 2025.
