The right to constitutional remedies ensures the enforcement of fundamental rights and provides effective machinery for their protection.
- Right to Remedies: Citizens have the right to seek enforcement of their fundamental rights through the Supreme Court if they are violated.
- Dr. Ambedkar's View: Dr. B.R. Ambedkar called Article 32 the "most important article of the Constitution" and the "very soul and heart of it." It makes fundamental rights real and meaningful.
- Basic Feature: The Supreme Court has ruled that Article 32 is a basic feature of the Constitution and cannot be abridged even through an amendment.
- Provisions:
- (a) Right to approach the Supreme Court for enforcement of fundamental rights.
- (b) Supreme Court's power to issue orders or writs, including habeas corpus, mandamus, prohibition, certiorari, and quo warranto, for the enforcement of fundamental rights.
- (c) Parliament can empower other courts (except high courts, which already have such powers under Article 226) to issue orders and writs for enforcing rights.
- (d) The right to move the Supreme Court cannot be suspended, except as provided by the Constitution, such as during a national emergency (Article 359).
- Role of the Supreme Court: The Supreme Court is the defender and guarantor of the fundamental rights of citizens and ensures the enforcement and protection of these rights.
Article 32 provides a crucial legal avenue for citizens to seek redress when their fundamental rights are violated. It establishes the Supreme Court as a key guardian of citizens' rights.
47th BPSC
Q. Which of the following is given the power to enforce the Fundamental Rights by the Constitution?
A. Supreme Court
B. High Court
C. The Parliament
D. More than one of the above
