Rupali Chourasia, City Academy Law College, Affiliated with Lucknow University
ABSTRACT
A mere enumeration of rights is not enough, what is needed is a provision for its enforcement. Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights. Article 32 is “the soul of the Constitution and the very heart of it.” This provision ensures guaranteed protection in case of infringement of fundamental rights. Under Article 32, the enforceability of these rights was included as a fundamental right by the Supreme Court which is often referred to as ‘Watchdog’ and ‘Guardian’ of the Indian Constitution. An almost parallel provision was provided under Article 226 as a constitutional right protected by the High Courts. To understand these two provisions in their true spirit and context, it would be desirable to first see them in their literal context. This paper deals with the conceptual overview and substantive interpretation of Article 32 and related cases. Insight into concepts such as ‘Right to move the Supreme Court’ and ‘Writs’ has been given primary importance. Validity of the provisions in Indian scenario is closely dealt with in this paper.
Keywords: Fundamental Rights, Constitution, Article 32, Article 226, Writs, Supreme Court, Watchdog, Guardian, High Court
