The power to issue writs for enforcement of Fundamental Rights is vested in the Supreme Court under which Article of the Indian Constitution?

Question

Question

This question was previously asked in

RRB NTPC Graduate Level CBT-I Official Paper (Held On: 06 Jun, 2025 Shift 3)

Answer 1

The correct answer is Article 32.

Key Points

Article 32 of the Indian Constitution empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights.
Writs under Article 32 include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
It is often referred to as the "heart and soul" of the Constitution, as described by Dr. B.R. Ambedkar, for safeguarding fundamental rights.
This article provides the right to individuals to directly approach the Supreme Court in case of violation of their Fundamental Rights.
The jurisdiction of Article 32 makes the Supreme Court the guardian and protector of Fundamental Rights.

Additional Information

Habeas Corpus: A writ to produce a person before the court to ensure they are not detained unlawfully.
Mandamus: A writ issued to a public official or body to perform a duty that they are legally obligated to fulfill.
Prohibition: A writ issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction.
Certiorari: A writ issued by a higher court to review the decision or proceedings of a lower court or tribunal.
Quo Warranto: A writ to question the legality of a person holding a public office.
Besides Article 32, High Courts are empowered to issue writs under Article 226, but the scope of Article 226 is wider as it includes not just Fundamental Rights but also other legal rights.
The right to constitutional remedies, as provided under Article 32, is itself a Fundamental Right, ensuring citizens' access to justice.
In certain situations, the enforcement of Fundamental Rights under Article 32 may be suspended during the proclamation of Emergency under Article 359 of the Constitution.