Who among the following has the power to enforce the Fundamental Rights under Article 32?

The correct answer is Supreme Court.

Key Points

• Under Article 32 of the Indian Constitution, the Supreme Court has the power to enforce Fundamental Rights.
• It is often referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar.
• Article 32 provides the right to individuals to move the Supreme Court directly for the enforcement of their Fundamental Rights.
• The Supreme Court can issue five types of writs for the enforcement of these rights: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
• This Article makes the Supreme Court the ultimate protector and guarantor of Fundamental Rights in India.

Additional Information

• Fundamental Rights:
  • They are enshrined in Part III of the Indian Constitution and are essential for the development of individuals.
  • There are six categories of Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• Writs:
  • Habeas Corpus: To release a person detained unlawfully.
  • Mandamus: To direct a public authority to perform its duty.
  • Prohibition: To stop a lower court from exceeding its jurisdiction.
  • Certiorari: To transfer a case from a lower court to a higher court for review.
  • Quo Warranto: To challenge the legality of a person holding a public office.
• Role of Judiciary:
  • The judiciary acts as the guardian of the Constitution and ensures that no law or action violates Fundamental Rights.
  • High Courts also have the power to issue writs under Article 226 of the Constitution.
• Significance of Article 32:
  • It ensures judicial review and provides a mechanism to check the arbitrary actions of the legislature and executive.
  • It upholds the principle of the rule of law and protects the rights of citizens.