Article 32 of CoI : Article 32: Remedies for enforcement of rights conferred by this Part.

Explanation using Example

Example 1:

Scenario: Violation of Freedom of Speech

Situation: Raj, a journalist, publishes an article criticizing the government. The government, in response, shuts down the newspaper and arrests Raj under a law that restricts freedom of speech.

Application of Article 32:

1. Right to Move Supreme Court: Raj can directly approach the Supreme Court under Article 32, claiming that his fundamental right to freedom of speech and expression (Article 19) has been violated.
2. Issuance of Writs: The Supreme Court can issue a writ of habeas corpus to release Raj from unlawful detention and a writ of mandamus directing the government to lift the ban on the newspaper.
3. Empowerment of Other Courts: If Parliament has empowered the High Court with similar powers, Raj could also approach the High Court for immediate relief.
4. Non-Suspension of Rights: Raj's right to approach the Supreme Court cannot be suspended unless explicitly provided by the Constitution, ensuring his access to justice.

Example 2:

Scenario: Unlawful Detention

Situation: Priya, a social activist, is detained by the police without any formal charges or a court order. Her family is not informed about her whereabouts.

Application of Article 32:

1. Right to Move Supreme Court: Priya's family can file a petition in the Supreme Court under Article 32, asserting that her fundamental right to personal liberty (Article 21) has been infringed.
2. Issuance of Writs: The Supreme Court can issue a writ of habeas corpus, compelling the police to produce Priya before the court and justify her detention.
3. Empowerment of Other Courts: If the High Court is empowered by Parliament, Priya's family can also seek similar relief from the High Court.
4. Non-Suspension of Rights: The right to approach the Supreme Court for enforcement of fundamental rights remains intact, ensuring Priya's family can seek immediate judicial intervention.

Example 3:

Scenario: Discrimination in Employment

Situation: Anjali, a qualified candidate, is denied a government job solely based on her caste, despite having all the necessary qualifications.

Application of Article 32:

1. Right to Move Supreme Court: Anjali can file a petition in the Supreme Court under Article 32, arguing that her right to equality (Article 14) and protection against discrimination (Article 15) have been violated.
2. Issuance of Writs: The Supreme Court can issue a writ of mandamus, directing the government to reconsider Anjali's application without discrimination.
3. Empowerment of Other Courts: If empowered by Parliament, Anjali can also approach the High Court for similar relief.
4. Non-Suspension of Rights: Anjali's right to seek enforcement of her fundamental rights through the Supreme Court cannot be suspended, ensuring her access to justice.

Example 4:

Scenario: Unfair Trial

Situation: Ravi is convicted in a criminal case without being given a fair opportunity to present his defense, violating his right to a fair trial.

Application of Article 32:

1. Right to Move Supreme Court: Ravi can approach the Supreme Court under Article 32, claiming that his right to a fair trial (Article 21) has been violated.
2. Issuance of Writs: The Supreme Court can issue a writ of certiorari, quashing the unfair trial proceedings and ordering a retrial.
3. Empowerment of Other Courts: If the High Court is empowered by Parliament, Ravi can also seek similar relief from the High Court.
4. Non-Suspension of Rights: Ravi's right to approach the Supreme Court for enforcement of his fundamental rights remains intact, ensuring his access to justice.

Example 5:

Scenario: Arbitrary Government Action

Situation: The government arbitrarily demolishes a community center in a minority neighborhood without following due process, violating the residents' right to property and equality.

Application of Article 32:

1. Right to Move Supreme Court: The affected residents can file a petition in the Supreme Court under Article 32, asserting that their fundamental rights to equality (Article 14) and protection of property (Article 300A) have been violated.
2. Issuance of Writs: The Supreme Court can issue a writ of prohibition, stopping further demolition, and a writ of mandamus, directing the government to follow due process.
3. Empowerment of Other Courts: If empowered by Parliament, the residents can also approach the High Court for similar relief.
4. Non-Suspension of Rights: The residents' right to seek enforcement of their fundamental rights through the Supreme Court cannot be suspended, ensuring their access to justice.