Article 32
Right to Constitutional Remedies and Who Can Invoke It
Article 32 of the Constitution grants every person the right to move the Supreme Court for enforcement of fundamental rights guaranteed under Part III. It is itself a fundamental right (described by Dr. B.R. Ambedkar as the "heart and soul" of the Constitution). Historically, Article 32 petitions have been filed by individuals and, in some cases, by legal persons (companies, societies). The question in this case is whether a government department — which is not a separate legal entity distinct from the State — can invoke Article 32 to enforce what it claims are its rights to function without obstruction.
- Article 32(1): The right to move the SC by appropriate proceedings for enforcement of fundamental rights is itself guaranteed.
- Article 32(2): The SC has power to issue writs — habeas corpus, mandamus, prohibition, quo warranto, certiorari — for enforcement of fundamental rights.
- Government departments generally cannot invoke Article 32 against another government because they are not separate legal persons; they are the State itself.
- A government department cannot hold "fundamental rights" against the State since it is an instrumentality of the State (University of Madras v. Shantha Bai, 1954).
- Article 131: The Constitution separately provides for original jurisdiction of the SC in Centre-State disputes — a route that would be appropriate for a government agency.
● Tracked since March 18, 2026 · last seen August 14, 2026 · updates as the daily brief publishes