Isabella Carter
The Indian Constitution is a comprehensive document that outlines the country's fundamental laws and principles. One of its key aspects, often referred to as the heart and soul of the Constitution, is Article 32, also known as the Right to Constitutional Remedies. This article empowers Indian citizens to approach the Supreme Court if their fundamental rights, as outlined in Part III of the Constitution, are violated. Dr. B.R. Ambedkar, the architect of the Indian Constitution, emphasised the critical nature of Article 32, stating that without it, the Constitution would be null and void. The inclusion of Article 32 ensures that Indian citizens have a mechanism to seek redressal and protection for their rights, making it a cornerstone of the Indian democratic system.
| Characteristics | Values |
|---|---|
| Right to Constitutional Remedies | Individuals can move to the Supreme Court if they are being denied their fundamental rights |
| Right to Equality | N/A |
| Freedom of Religion | N/A |
| Right to move throughout the territory of India | N/A |
| Right to life and personal liberty | N/A |
| Right to free speech and expression | N/A |
| Right to Habeas Corpus | N/A |
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What You'll Learn
Right to Constitutional Remedies
According to Dr BR Ambedkar, the architect of the Indian Constitution, the Right to Constitutional Remedies is the "heart and soul" of the Constitution. This right is enshrined as a fundamental right in Article 32 of the Indian Constitution, which falls under Part III.
Article 32 guarantees that individuals can move to the Supreme Court if they are being denied their fundamental rights as outlined in the Constitution. This right to move to the Supreme Court cannot be suspended except as otherwise provided by the Constitution. The Supreme Court has the power to issue orders, directions, or writs to enforce these fundamental rights. The writs available to the Supreme Court include habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
The Right to Constitutional Remedies is a vital mechanism for ensuring justice, accountability, and the protection of individual rights in India. It empowers citizens to seek redress and legal remedies from the Supreme Court and High Courts for violations of their fundamental rights. This right is not limited to the enforcement of fundamental rights but also extends to other lawful rights.
The High Courts, under Article 226, have broader powers than the Supreme Court when it comes to issuing writs. They can issue writs for the enforcement of all rights, including fundamental rights, constitutional rights, and other legal rights. This article ensures that individuals have a legal mechanism to enforce their rights and hold the state and other entities accountable for violations.
The Right to Constitutional Remedies is an essential feature of India's democratic establishment, enabling citizens to seek relief and ensuring that their fundamental rights are more than just words on paper. It is a cornerstone of the Constitution, providing a crucial safeguard for individual liberties and fostering a just and equitable society.
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Right to Equality
Equality is a fundamental human right enshrined in various international and national legal instruments, including the Indian Constitution. The Right to Equality spans Articles 14 to 18 of the Indian Constitution, covering equality before the law, the prohibition of discrimination, equality of opportunity, the abolition of untouchability, and the abolition of titles.
Article 14 treats all people the same in the eyes of the law and prohibits any kind of discrimination based on religion, race, caste, sex, or place of birth. It also commands the State not to deny anyone 'equality before the law' or 'equal protection of the laws'. This means that all citizens are to be treated equally before the law, without discrimination, and that the law protects everybody equally.
Article 16 provides equal employment opportunities in State service for all citizens and prohibits discrimination in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent, or residence. Exceptions can be made to protect the interests of the more vulnerable sections of society, such as women, children, and minorities.
Article 17 prohibits the practice of untouchability, making any disability arising from it an offence. Article 18 abolishes titles, except for academic or military titles, and prohibits citizens from accepting titles from a foreign State.
The Right to Equality is a cornerstone of India's democratic framework, striving to build a just, equitable, and inclusive society where every citizen has equal opportunities and rights. It empowers individuals to contribute to the nation's progress and prosperity.
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Freedom of Religion
Article 32 of the Indian Constitution is a key component, and it is this article that is considered to be the heart and soul of the document. This article ensures that if an individual's fundamental rights are violated, they can approach the Supreme Court for a remedy and enforcement of these rights. The Supreme Court has the power to issue orders or writs to enforce these rights.
The right to freedom of religion is a fundamental right guaranteed by the Indian Constitution. It allows individuals to practice and propagate their religious beliefs without fear of persecution or discrimination. This freedom is essential to the democratic values and principles enshrined in the Constitution, which was adopted in 1950.
The inclusion of freedom of religion in the Constitution was a significant step towards ensuring religious harmony and tolerance in a country with a diverse range of faiths and beliefs. It is a key part of the Constitution's commitment to protecting the rights of minorities and ensuring that all citizens are treated equally, regardless of their religious beliefs.
The Constitution also guarantees the right to equality, the right to move throughout the territory of India, and the right to constitutional remedies. These rights are all essential to ensuring that individuals are free to practice their religion without restriction and that they have a mechanism for redress if their rights are infringed upon.
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Right to Free Speech and Expression
The Indian Constitution guarantees the right to freedom of speech and expression to all its citizens. This freedom is enshrined in Article 19(1)(a) of the Constitution, which states that:
> "Everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
The right to freedom of speech and expression in India has a long history, with the first Indian articulation of this right appearing in the Constitution of India Bill 1895. This document stated that:
> "Every citizen may express his thoughts by words or writings, and publish them in print without liability to censure, but they shall be answerable to abuses, which they may commit in the exercise of this right, in the cases and in the mode the Parliament shall determine."
While freedom of speech and expression is a fundamental right in India, it is not an absolute right. Article 19(2) of the Indian Constitution enables the legislature to impose certain restrictions on free speech under the following heads:
- Security of the State
- Friendly relations with foreign States
- Public order
- Decency and morality
- Contempt of court
- Defamation
- Incitement to an offence
- Sovereignty and integrity of India
These restrictions aim to balance the right to freedom of speech and expression with the need to maintain law and order in the country. The interpretation and application of these restrictions have been the subject of various court cases, including the Superintendent, Central Prison v. Ram Manohar Lohiya (AIR 1960) and Romesh Thapar v. the State of Madras (AIR 1950).
In practice, laws such as the Official Secrets Act and the Prevention of Terrorist Activities Act (PoTA) have been used to limit press freedom. Under PoTA, a person could be detained for up to six months for being in contact with a terrorist or terrorist group. However, this act was repealed in 2006. Additionally, the High Court of Tripura has held that posting on social media is a fundamental right applicable to all citizens, including government employees. This judgment asserted that government servants are entitled to hold and express their political beliefs, subject to certain restrictions.
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Right to Life and Personal Liberty
Article 21 of the Indian Constitution guarantees the fundamental right to protection of life and personal liberty. It asserts that no person shall be deprived of their life or liberty except according to the procedure established by law. This means that every individual has the right to live, and their life cannot be taken away except in accordance with prescribed legal procedures. The right to life encompasses various aspects, including the right to live with dignity, the right to livelihood, and the right to a healthy environment.
The Indian judiciary has attributed a wide range of meanings to Article 21, extending beyond the constitution makers' imagination. These interpretations of the 'right to life' present unique complexities. For example, in the case of Narmada Bachao Andolan Vs Union of India (2020), the Supreme Court held that the 'Right to Water' is not a fundamental right but a legal right inferred from the Right to Life. The Court also held that access to clean water is a natural right. In another case, MX of Bombay Indian Inhabitants v. M/s. ZY, the Court held that a person could not be denied employment if they tested positive for HIV and that they cannot be rendered 'medically unfit' owing to the same.
The right to personal liberty in the Indian Constitution is the right of an individual to be free from restrictions or encroachments on their person. In the case of Sodan Singh v. New Delhi Municipal Committee, the Supreme Court distinguished the concept of life and liberty within Article 21 from the right to carry on any trade or business, a fundamental right conferred by Article 19(1)(g). The Court held that the right to carry on trade or business is not included in the concept of life and personal liberty.
In Essar Oil Ltd. v. Halar Utkarsh Samiti, the Supreme Court observed a strong link between Article 21 and the right to know, particularly when secret government decisions may affect health, life, and livelihood. In another landmark judgment, K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the right to privacy as a fundamental right protected under Article 21, holding that privacy is an essential aspect of personal liberty and dignity.
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Frequently asked questions
The heart of the Indian Constitution is Article 32, also known as the Right to Constitutional Remedies.
Article 32 states that individuals can move to the Supreme Court if they are being denied their fundamental rights that are guaranteed in the Constitution.
The Supreme Court has the right to issue orders or writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari for the enforcement of rights.
Dr. B.R. Ambedkar, the architect of the Indian Constitution, described Article 32 as the 'heart and soul' of the Constitution.
The rights guaranteed by Article 32 cannot be suspended except as otherwise provided by the Constitution.
