Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights.
1. The "Heart and Soul" of the Constitution
Dr. B.R. Ambedkar declared: "If I was asked to name any particular article in this Constitution as the most important... I should not name any other article except this one. It is the very soul of the Constitution and the very heart of it."
- The right to seek remedies under Article 32 is itself a Fundamental Right.
- The power of judicial review under Article 32 represents a Basic Structure element and cannot be deleted by any amendment.
2. Article 32 vs. Article 226 Writs
| Article 32 (Supreme Court) | Article 226 (High Courts) |
|---|---|
| Can be accessed only for the enforcement of Fundamental Rights. | Can be accessed for Fundamental Rights and ordinary legal rights ("any other purpose"). |
| Jurisdiction is mandatory; the Court cannot refuse to hear a genuine case. | Jurisdiction is discretionary; the High Court can direct the party to alternative remedies. |
3. Locus Standi and Public Interest Litigation (PIL)
Traditionally, only the aggrieved person could file a case. Under the leadership of Justices P.N. Bhagwati and V.R. Krishna Iyer, the Court relaxed this rule, allowing any public-spirited citizen to file a writ on behalf of poor, exploited, or illiterate communities (Bandhua Mukti Morcha v. Union of India).