Chief Justice of India BR Gavai has once again stressed the pivotal importance of Article 32, describing it as one of the most powerful assurances built into the Indian Constitution. He noted that this provision was deliberately crafted to give every citizen a direct pathway to the Supreme Court whenever their fundamental rights are violated, ensuring that no individual is left without a remedy when their basic freedoms are threatened.
According to the CJI, Article 32 is far more than a procedural clause. It is the backbone of India’s rights-based framework which is an active instrument that transforms constitutional guarantees into enforceable protections. By allowing people to approach the Supreme Court without having to navigate the lower judiciary first, the Constitution ensures that issues concerning fundamental rights are addressed with urgency and seriousness.
He explained that the Apex Court’s ability to issue a range of writs under Article 32 such as habeas corpus to safeguard liberty, mandamus to ensure public authorities carry out their duties, prohibition and certiorari to correct jurisdictional overreach, and quo warranto to challenge illegal appointments strengthens the citizen’s capacity to challenge unlawful use of power. These remedies, the CJI pointed out, are essential to preventing misuse of authority and maintaining checks and balances within a democratic system.
Emphasizing the vision of the Constitution’s framers, the Chief Justice said Article 32 was placed among the Fundamental Rights to signal that the right to constitutional remedies is itself a fundamental right. This ensures that the promise of equality, liberty, and justice is not symbolic but backed by an effective legal mechanism capable of immediate intervention.
He added that Article 32 serves not only as a legal shield but also as a reassurance to every citizen that they are not powerless when confronted with State excesses. The guarantee that the Supreme Court is obligated to hear and remedy violations of fundamental rights, he said, reinforces public trust in the judiciary and strengthens democratic accountability.
Reasserting the Court’s role, the CJI remarked that the Supreme Court carries a duty to protect constitutional freedoms whenever they are under strain. Through Article 32, citizens become active participants in safeguarding democracy, ensuring that no authority however powerful stands beyond constitutional scrutiny.
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