Right to Constitutional Remedies

Right to Constitutional Remedies

Notes

Art. 32 gives the right to move the Supreme Court directly for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution. Art. 32 is itself a Fundamental Right.

Provisions of Art. 32

• 32(1): Right to move the Supreme Court by appropriate proceedings.
• 32(2): Supreme Court has power to issue directions, orders or writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto).
• 32(3): Parliament may empower other courts to issue these writs within their local limits (without affecting the Supreme Court's power).
• 32(4): The right cannot be suspended except as provided by the Constitution (Art. 359).

Art. 32 vs Art. 226

• Art. 32: Supreme Court; only for enforcement of Fundamental Rights; a Fundamental Right itself, so the Court cannot refuse relief.
• Art. 226: High Courts; for enforcement of Fundamental Rights and for any other purpose (legal rights); wider territorial and subject scope; the remedy is discretionary.
• Art. 139: Parliament can confer on the Supreme Court power to issue writs for purposes other than Fundamental Rights.

Public Interest Litigation (PIL)

• Relaxation of locus standi: a public-spirited person can approach the court on behalf of those who cannot, such as the poor and disadvantaged.
• S.P. Gupta v Union of India (1981) (Judges Transfer case), Hussainara Khatoon (1979), Bandhua Mukti Morcha (1984).
• Pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer. Epistolary jurisdiction: the Court treats letters as petitions.
• PIL should not be used for private or political gain or publicity (Supreme Court has warned about misuse).

Related judgments

• Romesh Thappar v State of Madras (1950): first case under Art. 32.
• Daryao v State of UP (1961): the principle of res judicata applies to writ petitions.
• Rudul Sah (1983): the court can grant compensation for violation of FRs.
• L. Chandra Kumar v Union of India (1997): the power of judicial review under Art. 32 and 226 is part of the basic structure; tribunals are subject to High Court review.

Limits: FRs against private individuals are enforceable only for Art. 15(2), 17, 23 and 24; Art. 33 allows restriction for armed forces, and Art. 359 allows suspension of enforcement (except Art. 20 and 21) during Emergency.

Key Points

• Art. 32 is the Supreme Court's writ jurisdiction; it is a Fundamental Right and "heart and soul" of the Constitution.
• Art. 226 gives High Courts wider writ powers, including for non-fundamental rights.
• PIL relaxed locus standi; led by Bhagwati and Krishna Iyer.
• Judicial review under Arts. 32 and 226 is basic structure (L. Chandra Kumar, 1997).
• Courts can award compensation for rights violations (Rudul Sah).

MCQs

Q1. Who described Art. 32 as the "heart and soul" of the Constitution?
(a) Jawaharlal Nehru
(b) B.R. Ambedkar
(c) Rajendra Prasad
(d) K.M. Munshi
Ans: (b).

Q2. High Courts under Art. 226 can issue writs:
(a) Only for Fundamental Rights
(b) For Fundamental Rights and for any other purpose
(c) Only for legal rights
(d) Only against the Union government
Ans: (b).

Q3. In which case was judicial review under Art. 32 and 226 declared part of the basic structure?
(a) Kesavananda Bharati
(b) Minerva Mills
(c) L. Chandra Kumar
(d) Golaknath
Ans: (c). 1997.