Shielding The Democratic Edifice Of The Indian Constitution Vis-A-Vis Article 32

Amandeep Verma, Assistant Professor, Universal Law College, Lalru (Mohali)

ABSTRACT

The Constitution of India is the biggest political document of India and is the Apex law of the country. It guarantees, rather it has gifted us with essential freedoms to live our life with dignity. These are so important to our existence that deprivation of these fundamental freedoms would be like a lock without key. Our fundamental freedoms are given in article 12 to article 32 of the Indian Constitution. The maker of our Constitution Dr. Bhimrao Ramji Ambedkar viewed Article 32 as the essence of the Indian Constitution and called it the “heart and soul” of the Indian constitution. It is the most important right as it provides remedy for injury to fundamental rights detailed in Part III of the Constitution of India. The option to move the Supreme Court by proper procedures for the requirement of the privileges given by this Part is ensured to every individual whose freedoms have been disregarded. The Supreme Court has the ability to give bearings or orders or writs, remembering writs for the idea of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever might be proper, for the authorization of any of the freedoms presented by this Part. The right ensured by this article will not be suspended besides as in any case accommodated by this Constitution. The maxim ‘Ubi Jus Ibi Remedium’ says 'Where there is a right, there is a remedy' which rightly explains Shielding the Democratic Edifice of the Indian Constitution. In this research paper we will look into the various remedies which we can seek if any of our fundamental right is violated.

Keywords: Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari.