Points to Remember:
- The Indian Constitution grants the Supreme Court the power of judicial review.
- This power is primarily exercised through the issuance of writs.
- Specific articles define the Supreme Court’s jurisdiction regarding writs.
- Understanding the scope of different articles is crucial for comprehending the judicial system.
Introduction:
The Indian Constitution, a cornerstone of the nation’s democratic framework, guarantees fundamental rights to its citizens. To ensure the effective enforcement of these rights, the Constitution empowers the Supreme Court with the authority to issue various writs. This power acts as a crucial check on the actions of the government and other authorities, preventing potential violations of fundamental rights. The question focuses on identifying the specific Article of the Constitution that grants this power to the Supreme Court. While Article 226 grants this power to High Courts, the question specifically asks about the Supreme Court.
Body:
Article 32: The Supreme Court’s Power to Issue Writs
Article 32 of the Constitution of India explicitly empowers the Supreme Court to issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of fundamental rights. This article is often referred to as the “heart and soul” of the Constitution because it provides a direct and effective remedy for the violation of fundamental rights. The Supreme Court’s power under Article 32 is not merely remedial; it’s also a safeguard against arbitrary governmental actions that infringe upon citizens’ fundamental rights. The Supreme Court has consistently upheld its power under Article 32, issuing landmark judgments that have shaped the interpretation and application of fundamental rights. The Supreme Court’s jurisdiction under Article 32 is original, meaning it can directly hear cases related to the violation of fundamental rights without needing to go through lower courts.
Other Articles and their Scope:
- Article 33: This article deals with the power of Parliament to modify the application of fundamental rights to the members of the armed forces, police forces, and other disciplined forces. It does not relate to the issuance of writs.
- Article 132: This article pertains to the appellate jurisdiction of the Supreme Court in certain cases from High Courts. It does not directly deal with the power to issue writs for the enforcement of fundamental rights.
- Article 226: This article grants the High Courts the power to issue writs for the enforcement of fundamental rights and other legal rights. While important, it’s not the article that grants this power to the Supreme Court.
Conclusion:
In conclusion, the Supreme Court’s power to issue different writs for the enforcement of fundamental rights is explicitly granted under Article 32 of the Indian Constitution. This article is pivotal in safeguarding the fundamental rights of citizens and ensuring the accountability of the state. The Supreme Court’s consistent interpretation and application of Article 32 have strengthened the rule of law and upheld the constitutional values of justice, liberty, and equality. The power under Article 32 remains a cornerstone of India’s constitutional democracy, ensuring that the fundamental rights enshrined in the Constitution are not merely theoretical pronouncements but are effectively enforceable. The continued vigilance of the Supreme Court in protecting these rights is essential for the holistic development and sustainable progress of the nation. Therefore, the correct answer is (A).