Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’ as taught in Law study in India. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’. As taught in Law study in India Under Article 32, the parliament can also entrust any other court to exercise the power of the Supreme Court, provided that it is within its Jurisdiction. And unless there is some Constitutional amendment, the rights guaranteed by this Article cannot be suspended as taught in BA LL. B colleges. Therefore, we can say that an assured right is guaranteed to individuals for enforcement of fundamental rights by this article as the law provides the right to an individual to directly approach the Supreme Court without following a lengthier process of moving to the lower courts first as the main purpose of Writ Jurisdiction under Article 32 is the enforcement of Fundamental Rights as taught in BA LL. B colleges.
Part III of the Constitution provides for legal remedies for the protection of these rights against their violation by the State or other institutions/individuals as taught in Best colleges for LL. B. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights. As taught in Best colleges for LL. B that the State is forbidden from making any law that may conflict with the Fundamental Rights. Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race, colour, caste, religion, birthplace, or gender. As taught in Law courses after Graduation these rights are mentioned under Articles 12 to 35 of the Indian Constitution. There are pre-defined punishments in case of violation of these rights upon the discretion of the judiciary. As taught in Law courses after Graduation the Constituent Assembly took up Draft Article 25 for debate on the 9 December 1948. The Draft Article gives citizens the right to approach the Supreme Court for constitutional remedies when their fundamental rights are violated. The Assembly was unanimous about the importance of the Article. Members referred to the provision in terms that included ‘the crowning section’ and ‘very soul… and the very heart of the Constitution’. However, some amendments were moved. The Indian Constitution provides 5 types of writs which can be issued by the Courts. They are: Habeas Corpus, Mandamus, Certiorari, Quo Warranto & Prohibition.
The constitutional remedies provided to the citizens are the powerful orders with immediate effect. And the writs are mostly invoked against the state and are issued when PILs are filed. The Writ Jurisdictions which are conferred by the Constitution though have prerogative powers and are discretionary in nature and yet they are unbounded in its limits. The discretion, however, is exercised on legal principles. Therefore, the first essential on which the constitutional system is based in the absence of arbitrary power. Hence, the decision must be taken on the basis of sound principles and rules and should not be based on whims, fancies or humour. And if a decision is not backed by any principles or rules, then such a decision is considered arbitrary and is taken not in accordance with the rule of law.
