Constitution of India

Article 32-The Soul of Indian constitution

100% successful democracy of our nation, makes our nation ideal for other countries.
Article 32, in Constitution of India provides equal Rights to all citizen without any discrimination.
India has wide variety of diversity, as, well as, it is very difficult to handle such, a Nation,
with a huge population with having, social and cultural difference.
Furthermore, Supreme court of India has provided Right to equality to all citizen.
In this article I will discuss article 32 under Indian constitution, known as “SOUL OF INDIAN CONSTITUTION.”

Indian judiciary system.

For maintaining peace, and harmony in the Nation,
Indian Judiciary system has been organize for functioning,
at different level such as in District level, state level, and National level.
Furthermore, Supreme court of India is the highest level court which regulates, all the rules and regulations at National level,
Therefore, After Supreme COURT, HIGH Court is the second highest court which regulates a state of India.
Moreover, Below high court, there are subordinate courts likes districts and seasonal courts are functioning for districts or in metropolitan area.
Even more, district magistrate or civil judges are incharge under the seasonal and district courts.

Article 32 :-

Article 32 also known as “RIGHT TO CONSTITUTIONAL REMEDIES”,
under which a citizen gets Right to move to higher court like high court and supreme court,
For getting their fundamental Right protection.
Supreme Court of India has provided Rights to all the high court to issue Right,
Similarly, under the article 32, which gives similar power to article 266 of High courts.
Therefore, Under the Article 32, the parliament can give power to any other court to exercise the power of the supreme court, providing that it is within its jurisdiction.
Unless until there is some constitutional amendment introduced,
Furthermore, right ensure under this article has been guarantee and can't be change or remove.
Importance of Article 32 in India.
Our Indian constitution has engrafted several Rights in chapter III,
but deceleration of such Rights, hardly shows their existence in practical life,
In practice Rights must be enforced by the Judiciary, Otherwise they are sure to remain as just a paper Right of no use with no relation with our society.
Dr.Ambedkar has said about article 32,
that it is "Soul and heart" of our Indian constitution which forms basic structure of our fundamental rights.
• Moreover, right to move to supreme court cannot be drop.
until unless any change made in constitutional Amendment.
• Except, In case of a national emergency this right is suspended under article 359.
• This Right has made Supreme court as a guarantor and defender of all fundamental rights.
• According to this a person can approach Supreme court directly for the remedy rather than by way of appeal.
• Article 32 is only a legal way to get remedy related to fundamental rights.
• There, is no any other constitutional or legal rights, which can provide you fundamental rights, hence, it is called remedial rights.
It can be only suspende by central government, only in case of a national emergency or during martial law.

Rights under article 32.

Supreme court of India has issued following rights for its citizens are :-
• You have right, to move to the supreme court by appropriate procedure for enforcement of the right conferred by this part has been guarantee.
• Our supreme court have power to issue directions, orders and rights,
Which includes nature of habeas corpus, mandamus, quo warranty, prohibition and certiorari, whichever may be suitable for the endowment for any of the rights according to the situation conferred by this part.
Supreme court and high court

1.Supreme court :-

Supreme Court of India came into exist on 26th January 1950s,
hence, people celebrates this day as Republic day of India,
because, our actual constitution established in this day.
The federal court of India and judicial committee of the privy council, regarded as apex of the Indian Court system at that time.
Now supreme court is the highest judicial forum and final court of Indian judiciary system.
As it is the highest court at the national level it can takes appeal against the verdicts of the high court of various states of the union and other courts and tribunals.

2.High courts in India :-

Before, republic day of India, High court of India was considered as the highest court of India in their regions under Indian high court Act 1861.
These courts had distinction of being the highest court for all the cases until the creation of federal court of India Under the government act 1935.
At present there are 25 high courts in states and union territories level which together with supreme court of India at the national level, comprises countries judicial system.
What are similarities between supreme court and high court?
Similarities between supreme court and high courts, they both have power for issuing Rights which comes under original jurisdiction of both supreme court and high courts.
Person who is aggrieved due to any cause or reason has option to move any of them.

Difference between supreme court and high court.

Supreme court High court
Have power to issue rights under article 32 Have power to issue rights under article 266.
Has power to issue Rights for enforcement of fundamental rights Has power to issue Rights for enforcement of fundamental rights as well as for any other matters too.
High court has wider jurisdiction from supreme court in matter of issuing Rights
SC can issue a Right against any person or authority within the territory of India High court can issue Rights against any person or authority under it’s own territorial jurisdiction.
Judicial Rights of high court depends upon territorial extent.
SC cannot refuse to exercise it’s Rights jurisdiction mainly because article 32 itself is a fundamental right and supreme court is guarantor or defender of fundamental rights. For high courts, exercising the power is discretionary.

Types of Rights :-

Rights provided under article 32 by our Constitution to our citizen are :-
Habeas Corpus
Quo Warranto
Mandamus
Certiorari
Prohibition

Habeas corpus :-

This is a Latin word, literally means ‘you have the body.’
Therefore,This Right provide relief to a person suffering from unlawful detention of an individual,
Furthermore, also, for protection of the individual for being harmed by administrative system,
and, safeguarding against arbitrary states action which violets fundamental rights under article 19, 21&22.

Use or whom it’s benefits?

In case, when an innocent person got punishment, or criminal who have punished for a crime which he has not committed or not attempted.
Also, if an individual has kept in a private jail without authority, can file an application for right to habeas corpus, if he believes that he or she has given imprisonment by mistake or made victim by falls evidence.

Quo warranto:-

Right to Quo warranto refers to what is your authority? Or by what warrant?
Quo warranto issues, to restrain a person from holding a public office, in which he is not entitled,
thus, its stops usurpation of public office by anyone.
By filling, an application form, of this right to court you can ask an explanation,
to a concerned person, about that he has authority to occupy an office or not and what authority he/she had.
The concerned person have to visit court and give an explanation about his eligibility, identity and authority he had for occupying the office.
In case, a person has usurped a public office, the court may direct him not to carry out any activities in that office or may announce the office to be vacant. High court issues a Right of quo warranto, if a person holds an office beyond his retirement age.
Even more, in this matter, “office” is different here from “seat” in legislature but still,
writ of Quo warranto can lie in this post of Chief minister, holding an office,
where as writ of quo warranto cannot be issued against a Chief minister,
In case, if the petitioner fails to show that the minister has not been properly appointed,
Or in case, unable to qualify by law to hold the office.
Futhermore, Quo warranto cannot be issued against any administrator officer, who is appointed or authorized by the government to manage Municipal corporation, after its dissolution.
In case, even, if, appointment is done by public office can be challenge by any person irrespective of the fact whether his fundamental or any legal right has been infringed or not.

In following cases court has can issue quo warranto :-

1. If in case, a public office is in question, and it is in of its substantive nature.
A petition cannot be file against a private corporation under this law.
1. In case, office is organize by state or constitution
2. Furthermore, claim should be assorted on the office by the public servant eg. Respondent

Right to Mandamus

Term mandamus, derived from Latin word which means ‘we command'.
Purpose of this law, is to ensure that the powers,
and duties, are no violation of the law or misuse by the administration, or authority executive and are fulfilled duly.
This Right is issues for correct the performance of mandatory, and purely ministerial duties.
Hence, superior court issue this right to lower court or government officer.
This right is not applicable for president, and the Governor.
This Right safeguards the public from misuse of authority by the administrative bodies.
Furthermore, right grant safeguard's public from misuse done by the administrative bodies.

Certiorari :-

Certiorari means to be certify,
This right can be issue,
In case, when higher court finds an error or wrong in jurisdiction or decision on a the case.
The case in such kind of situation is transferrable from lower court to higher court for a review such as high court or supreme court.
In contrast, this right can not be issue against, purely administrative or ministerial orders.
And even more, this right can be issue, against judicial or quasi judicial orders.

Prohibition :-

According, to this writs higher courts can issue or order a notice to lower court to stop doing something which is prohibited by Law .
Purpose of this law is to prevent inferior courts to exceed it’s Jurisdiction or contradictory to the rules of natural justice.