Article 32 of the Constitution of India: This Article 32 is a fundamental right that guarantees the right to constitutional remedies to every citizen of India. And Article 32 empowers citizens to approach Supreme Court to seek redressal when their fundamental rights are violated. And Article 226 of the Constitution provides similar remedies with the High Courts.
Article 32 also ensures that not only do individuals have the right to move the Supreme Court, but the Court also has the power to issue appropriate orders, directions, or writs for the enforcement of fundamental rights.
Article 32 of the Constitution of India
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warrant and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction ill or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
The Supreme Court can issue five types of writs under Article 32:
Habeas Corpus: To ensure the release of a person who has been unlawfully detained.
Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform.
Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
Certiorari: To quash an order passed by a lower court, tribunal, or authority.
Quo Warranto: To inquire into the legality of a person’s claim to a public office.