Introduction:
Fundamental rights are accorded to the people in general and to the citizens in particular vis-à-vis the State. What happens if the all-powerful State invades the fundamental rights of people guaranteed to them under the Constitution? Well, the Constitution provides an in-built remedy in the form of a fundamental right. In such cases, for the enforcement of fundamental rights, Article 32 guarantees the right to move the Supreme Court by appropriate proceedings. Article 226 also has a similar provision to move the respective High Court. With regards to a writ petition, the jurisdiction of the High Court under article 226 is wider and extends to constitutional rights too. Under the provisions of Article 32, the Supreme Court shall have the power to issue appropriate direction or orders or writs for the enforcement of any of the fundamental rights. The right guaranteed by this Article shall not be suspended at any time except as otherwise provided for by the Constitution. The Parliament by law can empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court.
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Fr Ravi Sagar SJ
