Article 32 enables every citizen to approach Supreme Court for enforcement of fundamental rights, says CJI

Article 32 was born out of Dr. B.R. Ambedkar’s vision articulated during the Constituent Assembly debates, observed Chief Justice of India Bhushan Ramkrishna Gavai, while delivering a lecture on “India and the Living Indian Constitution at 75 Years.”

Justice Gavai, along with Justice Dhiraj Singh Thakur, Chief Justice of the Andhra Pradesh High Court, and Andhra Pradesh Chief Minister N. Chandrababu Naidu, participated in an event commemorating 75 years of the Indian Constitution organised by the Andhra Pradesh High Court Advocates Association at Mangalagiri in Guntur district on Sunday.

On the occasion, the CJI recalled the Objective Resolution, the Constituent Assembly debates, and the circumstances that led to various constitutional amendments over the years. The Objective Resolution, presented in 1946 by former Prime Minister Jawaharlal Nehru, was a historic declaration that laid down the guiding principles and philosophy of the Constitution.

Explaining Dr. Ambedkar’s response, Justice Gavai said Ambedkar found the Resolution pragmatic but lacking in two crucial respects. Ambedkar observed that while the Resolution spoke of rights, it did not provide remedies, arguing that “rights without remedies are meaningless.” This idea led to the incorporation of Article 32, enabling every citizen to approach the Supreme Court for enforcement of fundamental rights.

He also noted that the Resolution failed to address social and economic equality, which eventually shaped the Directive Principles of State Policy in Part IV of the Constitution. “Our Constitution stands on four pillars — justice, liberty, equality, and fraternity,” the CJI said, stressing that every law student should read the key speeches of the Constituent Assembly to understand the spirit and philosophy of the Constitution.

Recalling Ambedkar’s first speech, Justice Gavai said that whenever the destiny of the nation is at stake, the destinies of individuals, leaders, ideologies, or political parties become irrelevant. He added that Ambedkar viewed the Constitution as a living, evolving document — a principle embodied in Article 368, which provides for constitutional amendments. Ambedkar’s approach faced criticism on both sides: some argued the amending power was too liberal, while others said the stringent requirements of ratification by half of the States and a two-thirds majority in Parliament made amendments too rigid.

The CJI noted that the Constitution was amended soon after its adoption to introduce reservations for the backward classes, reflecting the framers’ resolve to address social inequalities through constitutional means.

From Amravati to Amaravati

Speaking at the event, Justice Gavai also shared a personal reflection on the symbolic coincidences marking his tenure. “It is a matter of coincidence that after I took oath as Chief Justice of India, the first function I attended was at my native place, Amravati in Maharashtra, and it was graced by former CJI N.V. Ramana,” he said. “And now, before I end my journey as Chief Justice of India in a couple of days, the last function that I am attending is again at Amaravati, the capital city of Andhra Pradesh.”

His remarks drew sustained applause as he highlighted the historical significance of both Amaravatis — the one in Maharashtra known as Indrapuri, the land of Indra — framing a reflective and emotional close to one of his final public appearances before demitting office.