CONSTITUTION

31…. The precious right guaranteed by Article 21 of the Constitution of India cannot be denied to convicts, undertrials or other prisoners in custody, except according to procedure established by law. There is a great responsibility on the police or prison authorities to ensure that the citizen in its custody is not deprived of his right to life.

32. The citizen complaining of the infringement of the indefeasible right under Article 21 of the Constitution cannot be told that for the established violation of the fundamental right to life, he cannot get any relief under the public law by the courts exercising writ jurisdiction. The primary source of the public law proceedings stems from the prerogative writs and the courts have, therefore, to evolve ‘new tools’ to give relief in public law by moulding it according to the situation with a view to preserve and protect the Rule of Law.

7 judges constitution bench held that the Article 12 is inclusive but not exhaustive. Court further evaluated a test to ascertain the scope of “other authorities” under Article 12 as follows:

This is most crucial right among all the fundamental rights guaranteed under part III of the constitution. It confers original and exclusive jurisdiction of the Supreme court, thereby declaring the apex court as custodian of the fundamental rights, additionally this court has no more important function then to preserve the fundamental rights.

Power of supreme court and high court to invoke writ jurisdiction under article 32 and 226 respectively along with landmark judgments.

During the constituent assembly debate Dr. B. R. Ambedkar highlight that one particular of the constitution without which constitution will be nugatory is “Article 32 which is very soul and heart of constitution.