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UNIT VI: Right to Constitutional Remedies: Article 32

The Constitution of India is a powerful tool for protecting the rights of every citizen. Among its essential components, Article 32, known as the "Right to Constitutional Remedies," stands out as a vital provision. It gives individuals the opportunity to seek judicial remedies when their fundamental rights are infringed upon. This article will break down the significance of Article 32, its associated writs, and its interpretation in court, while also comparing it with Article 226. Additionally, we will explore how Public Interest Litigation (PIL) plays a role in ensuring justice for the broader community.

UNIT VI: Right to Constitutional Remedies: Article 32

The Constitution of India is a powerful tool for protecting the rights of every citizen. Among its essential components, Article 32, known as the "Right to Constitutional Remedies," stands out as a vital provision. It gives individuals the opportunity to seek judicial remedies when their fundamental rights are infringed upon. This article will break down the significance of Article 32, its associated writs, and its interpretation in court, while also comparing it with Article 226. Additionally, we will explore how Public Interest Litigation (PIL) plays a role in ensuring justice for the broader community.


Writ Jurisdiction – Meaning, Nature, and Significance


Writ jurisdiction refers to the powers held by the High Courts and the Supreme Court to issue writs, which are legal orders compelling certain actions or prohibiting specific actions, as specified in Articles 32 and 226 of the Constitution.


The ability to issue writs is crucial for maintaining the rule of law and delivering justice. It enables judicial intervention when someone's rights have been violated. This mechanism is not only a legal recourse but also serves as a lifeline for individuals in need.


Writs fulfill several purposes:


  • Protection of Rights: Writs act as protective measures, allowing individuals to seek redress for violations of their rights. For instance, in 2021, the Supreme Court's issuance of a writ of mandamus led to the timely fulfillment of public health obligations during a Covid-19 surge.


  • Ensuring Accountability: Writs such as mandamus can compel government agencies to fulfill their statutory duties. For example, a High Court issued a writ mandamus to the municipal corporation in Delhi, directing it to undertake necessary sanitation work amid a dengue outbreak.


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