Why in News?
- Chief Justice of India B.R. Gavai delivered a lecture on “India and the Living Indian Constitution at 75 Years”, emphasising the origins and significance of Article 32.
- The two developments stirred national debate on the foundations of constitutional rights, social reform legacies, and political misuse of historical narratives.
Relevance:
GS 2 – Polity
- Fundamental rights enforcement, writ jurisdiction.
- Article 32 as part of Basic Structure.
- Constitutional morality, role of judiciary, Ambedkar’s vision.
- Emergency provisions (Art. 359), judicial remedies.
What is Article 32?
- Constitutional remedy for enforcement of Fundamental Rights.
- Guarantees the right to move the Supreme Court directly for rights violations.
- Empowers the SC to issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- Dr. B.R. Ambedkar called it the “heart and soul of the Constitution.”
Ambedkar’s Vision (As Highlighted by CJI Gavai)
- Rights without remedies are meaningless → Article 32 inserted to provide effective remedy, not mere declaration.
- Objective Resolution (1946) lacked enforceability; Article 32 filled this gap.
- Ambedkar wanted a Constitution that was living, evolving, enabled through Article 368 (amendments).
- Constitution built on justice, liberty, equality, fraternity.
Advanced Constitutional Analysis
- Article 32 is part of Basic Structure (SC in L. Chandra Kumar, 1997).
- Remedies under Article 32 cannot be suspended except during Emergency (Art. 359).
- Article 32 is simultaneously a Fundamental Right and a remedy mechanism.
- CJI Gavai highlighted how debates of the Constituent Assembly remain critical to understanding constitutional morality.
Current Issues Highlighted by CJI Gavai
- Need to safeguard Constitution from political distortion.
- Need for citizens and lawyers to understand Constituent Assembly debates.
- Amendments remain contentious → liberal vs restrictive interpretations.
- Importance of continuing Ambedkar’s project of social and economic equality (DPSPs).
