Context:

In the latest development, a Supreme Court Bench observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.

Explain: Article 32

• ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights.
• It states that the Supreme Court “shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”.

Writs

Someone can seek justice through the five types of writs as provided by Article 32 of the Constitution. These are:

• Habeas corpus: Considered to be among the most important writs for personal liberty, habeas corpus literally means to ‘produce the body. It is invoked to seek relief in cases where a person has been unlawfully detained. Individuals can file habeas corpus petitions if they believe they have been wrongfully imprisoned.
• Mandamus: The writ of mandamus is issued by a higher court to a lower court or a government official or body, directing them to perform duties that they have refused to do.
• Certiorari: A superior court issues a certiorari writ for the re-examination of an action or decision by a lower court. It is invoked when a judgment has been delivered in violation of principles of natural justice or in opposition to the procedure established by law.
• Prohibition: The writ of prohibition is to stop a lower court from going ahead with certain procedures to ensure that it does not exceed its jurisdiction.
• Quo warranto: This writ is issued to prevent people from assuming positions in public office when she or he is not entitled to it.

Approach for violation of FRs (SC or HC)

• When it comes to the violation of fundamental rights, an individual can approach the High Court under Article 226 of the Supreme Court directly under Article 32.
• Article 226, however, is not a fundamental right like Article 32.

Article 32 is different from Article 226

• Article 226 gives discretionary power to the High Courts to issue direction, order, writs including the writs in nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari
• The scope of Article 226 is much wide than Article 32.
• It not only gives the power to issue a direction, order, or writs not enforce fundamental rights but also for the enforcement of other rights too.