18. Art 32- Power of Judicial Review by Supreme Court of India

Article 32 of the Constitution of India is a cornerstone for judicial review, empowering the Supreme Court to ensure the enforcement of fundamental rights guaranteed under Part III of the Constitution. It is often referred to as the “heart and soul of the Constitution,” as described by Dr. B.R. Ambedkar. Here’s a breakdown of its key aspects:

Key Features of Article 32

1. Right to Constitutional Remedies:
   • Article 32 provides individuals the right to approach the Supreme Court directly for the enforcement of their fundamental rights.
2. Power to Issue Writs:
   • The Supreme Court is empowered to issue five types of writs under this Article:
     • Habeas Corpus: To secure release from unlawful detention.
     • Mandamus: To compel a public authority to perform its legal duty.
     • Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
     • Certiorari: To quash an order passed by a lower court or tribunal that exceeds jurisdiction.
     • Quo Warranto: To challenge the legality of someone holding a public office.
3. Judicial Review:
   • Article 32 forms the basis of judicial review, allowing the Supreme Court to examine the constitutionality of legislative and executive actions.
   • It acts as a safeguard against any law or action that violates fundamental rights.
4. Cannot be Suspended:
   • The right under Article 32 cannot be suspended, except during a national emergency as provided under Article 359.
5. Broad and Liberal Interpretation:
   • The Supreme Court has consistently interpreted Article 32 broadly to ensure maximum protection of fundamental rights.

Judicial Review under Article 32

Judicial review is the power of the Supreme Court to:

• Examine whether laws or executive actions conform to the Constitution.
• Strike down laws or actions that violate fundamental rights.

This mechanism upholds the principle of the Rule of Law and ensures the supremacy of the Constitution.

Significance of Article 32

1. Guardian of Fundamental Rights:
   • It directly enforces fundamental rights, making them meaningful and actionable.
2. Direct Access to the Supreme Court:
   • Individuals can directly approach the Supreme Court without passing through lower courts.
3. Protects Democratic Framework:
   • Acts as a check on legislative and executive actions to prevent misuse of power.

Landmark Judgments Related to Article 32

1. Kesavananda Bharati v. State of Kerala (1973):
   • Established the Basic Structure Doctrine, reinforcing the role of judicial review in preserving constitutional values.
2. Minerva Mills v. Union of India (1980):
   • Reaffirmed the balance between Fundamental Rights and Directive Principles, highlighting judicial review as a basic feature of the Constitution.
3. Maneka Gandhi v. Union of India (1978):
   • Expanded the scope of the right to life and personal liberty under Article 21, emphasizing a liberal interpretation of Article 32.

In summary, Article 32 serves as a vital tool to uphold individual rights and the principles of democracy, ensuring that the Constitution remains the supreme law of the land.

For Any Type Of Consultation Or Suggestion Call Us On +91 9211732039 / +91 9891045644. This Suggestion is Absolutely free.