Article 32 of The Constitution of India

Article 32 of The Constitution of India

Legal Definition:

Article 32 of the Indian Constitution grants the power to the Supreme Court to give directions, orders, or writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce the Fundamental Rights specified under Part III of the Constitution.

In Simple Terms:

• If your Fundamental Rights are infringed by the government or a public authority, you can directly move a petition in the Supreme Court.
•  This piece of legislation makes the protection of Fundamental Rights an enforceable right — i.e., the Court has to act if a violation is established.

Article 32 – Right to Constitutional Remedies

• Filed before: Supreme Court of India
• Purpose: To enforce Fundamental Rights guaranteed under Part III of the Constitution.
• Who can file: Any person whose fundamental right has been violated.
• Nature: A fundamental right itself (Dr. B.R. Ambedkar called it the “heart and soul” of the Constitution).

Types of Writs under Article 32:

1. Habeas Corpus – Release from illegal detention.
2. Mandamus – Order to a public official to perform duty.
3. Prohibition – Prevent a lower court from going beyond jurisdiction.
4. Certiorari – Relocation of a case from lower to superior court or setting aside of an order.
5. Quo-Warranto – Challenge someone's legality in holding public office.

When to Use Which?

1. Use Article 32: When Fundamental Right is violated and direct approach to SC is preferred.
2. Use Article 226: When rights (Fundamental or Legal) are violated, especially when a High Court is more accessible.

Example:

If a journalist is detained without legal basis for criticizing the government, they can file a writ petition under Article 32 seeking a Habeas Corpus to be released.

Key Features of Article 226

Features	Details
Filed in	Supreme Court of India
Purpose	Enforce Fundamental Rights only
Types of Writs	Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
Who Can File	Any person whose Fundamental Rights are violated
Nature	It is itself a Fundamental Right (unique among all)
Alternative Remedies	Not required — you can approach SC directly

SAMPLE DRAFT – WRIT PETITION UNDER ARTICLE 32 (Supreme Court)

IN THE HON’BLE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

WRIT PETITION (CIVIL) NO. _____ OF 20__

IN THE MATTER OF:

[Your Full Name],  

…Petitioner

VERSUS

[Name of Respondent(s)]  

…Respondents

A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

TO  

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES  

OF THE HON’BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

[The same sections as in the Article 226 format above follow here: Introduction, Facts, Grounds, Reliefs, etc., but focused *only* on Fundamental Rights.]

Place: _______  

Date: _______  

[Signature of Petitioner]  

[Advocate on Record – if through counsel]

Sample petition under illegal detention of a student activist

IN THE HON’BLE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. _____ OF 20__

IN THE MATTER OF:

Arjun Mehra,

S/o Prakash Mehra,

Resident of B-45, Green Avenue, New Delhi – 110016,

…Petitioner

VERSUS

1. The Commissioner of Police,
   Police Headquarters, Delhi,
   …Respondent No. 1

2. The State of NCT of Delhi,
   Through Chief Secretary, Delhi Secretariat, IP Estate, New Delhi – 110002,
   …Respondent No. 2

A WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

TO
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES
OF THE HON’BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is a law-abiding citizen and a student activist who participated in a peaceful protest on 18th May 2025 against rising educational fees.

2. That subsequent to the protest, the Petitioner was taken into custody by police officers from Connaught Place Police Station, New Delhi, on 19th May 2025 at around 10:30 a.m. and has since been illegally detained without being produced before a magistrate or informed of the grounds of arrest.

3. That such detention is in clear violation of the Petitioner's Fundamental Rights guaranteed under Article 21 (Right to Life and Personal Liberty) and Article 19(1)(a) (Freedom of Speech and Expression) of the Constitution of India.

4. That there exists no criminal case or formal charges against the Petitioner, and the continued detention is arbitrary, unjust, and unconstitutional.

5. That the Petitioner has no other efficacious remedy available except to invoke the extraordinary jurisdiction of this Hon’ble Court under Article 32 of the Constitution.

PRAYER:

In view of the facts stated above, the Petitioner most respectfully prays that this Hon’ble Court may be pleased to:

(a) Issue a writ of Habeas Corpus or any other appropriate writ, order, or direction to Respondents directing them to immediately release the Petitioner from unlawful custody;

(b) Declare the detention of the Petitioner as illegal and violative of Articles 21 and 19(1)(a) of the Constitution;

(c) Award compensation for the illegal detention suffered by the Petitioner; and

(d) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

Place: New Delhi
Date: _______

[Signature of Petitioner]

[Advocate on Record – if through counsel]

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