Previous Year Question

Article 32 of the Constitution of India gives individuals the right to directly approach the Supreme Court for the enforcement of the Fundamental Rights guaranteed under Part III of the Constitution.

Under Article 32(1), the right to move the Supreme Court through appropriate proceedings for the enforcement of Fundamental Rights is itself guaranteed by the Constitution. Article 32(2) empowers the Supreme Court to issue appropriate directions, orders or writs for their enforcement. These include Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.

For this reason, the Right to Constitutional Remedies is itself a Fundamental Right, and the Supreme Court has a central constitutional role in protecting Fundamental Rights.

Important fact: This does not mean that only the Supreme Court can enforce Fundamental Rights. High Courts also possess writ jurisdiction under Article 226. The distinction is that Article 32 expressly guarantees the right to approach the Supreme Court for enforcement of Fundamental Rights, whereas the jurisdiction of High Courts under Article 226 extends not only to Fundamental Rights but also to other purposes.