Why Article 32 is the Soul of the Indian Constitution

The Indian Constitution, one of the most comprehensive and inclusive constitutions in the world, was designed to provide a framework for the functioning of a democratic republic with fundamental rights. Among its myriad provisions, Article 32 stands out as the soul of the constitution. This article is often referred to as the beating heart of the constitution, because it empowers individuals to seek justice from the Supreme Court when their fundamental rights are violated. Without Article 32, the fundamental rights enshrined in the constitution would be meaningless, as there would be no practical means for citizens to seek redress.

Article 32: The Right to Constitutional Remedies

Article 32 of the Indian Constitution provides a direct and accessible mechanism for individuals to approach the apex court for the enforcement of their fundamental rights. This provision is critical in ensuring that the fundamental rights guaranteed by the constitution are not merely theoretical or symbolic. By allowing every person, both citizens and non-citizens, to directly petition the Supreme Court, Article 32 ensures that the court can act as a guardian of these rights.

Empowerment Through Access to the Supreme Court

One of the key features of Article 32 is its provision for access to the apex court as a matter of right. This means that any person, regardless of their status or condition, can approach the Supreme Court to seek relief. This is in contrast to many other legal systems where access to high courts is often restricted. By ensuring that everyone has this right, Article 32 ensures that the judiciary can act as a bulwark against state encroachment on fundamental rights.

Protection of Fundamental Rights

Article 32 provides a robust framework for the protection of fundamental rights. These rights include the right to life and personal liberty, freedom of speech and expression, freedom of assembly, and protection against illegal arrest and detention, among others. By allowing individuals to move the Supreme Court, this article ensures that violations of these rights are addressed swiftly and effectively.

Recent Cases and Court Actions

Recent discussions and cases have brought the role of Article 32 into sharp focus. For instance, the case of Arnab Goswami, a journalist, and three others who were arrested under allegations of sedition and under the Unlawful Activities Prevention Act (UAPA), highlights the importance of Article 32. While these individuals sought redress through Article 32, the Supreme Court has taken a different stance, suggesting that the matter should be transferred to a lower court. This incident has raised questions about the discretion and purpose of the Supreme Court in invoking Article 32.

The Role of the Supreme Court and High Courts

The chief justice of India has pointed out that the Supreme Court wishes to discourage public interest litigations under Article 32 and has directed the high courts to be more vigilant in protecting the rights of individuals. Despite this directive, Article 32 remains a critical tool for individuals to seek justice. In cases like that of Siddique Kappan, a journalist, who was arrested and booked under various charges, the invocation of Article 32 by the Kerala Union of Working Journalists underscores the importance of this provision in ensuring that individual rights are adequately protected.

Conclusion

In summary, Article 32 is the soul of the Indian Constitution because it empowers individuals to seek recourse from the highest court in the land. It ensures that the fundamental rights enshrined in the constitution are not mere pieces of paper but are enforceable and actionable. Without Article 32, the fundamental rights would be meaningless and unenforceable. The provision of direct access to the Supreme Court, via Article 32, is a cornerstone of the Indian legal system and a testament to the constitution's commitment to justice and equality.

The Indian Constitution is designed to protect its citizens, and Article 32 plays a pivotal role in achieving this goal. Its importance cannot be overstated, and it is essential that the judiciary continues to uphold and enforce this provision to ensure that the fundamental rights of all citizens are protected.