Article 32 and its interpretation by Supreme court over the years. ( I.E.)
18/11/2020


  Recently, Supreme Court observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution as the petition can also move to high court under article 226 in case violation of Fundamental rights.
 

About Article 32?

1.      Article 32 deals with the „Right to Constitutional Remedies?, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution
2.      It states that the Supreme Court 'shall have power to issue directions or writs, in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
3.      During the Constituent Assembly debates in December 1948, , Dr B R Ambedkar called it 'heart' and 'soul' of Constitution
4.      The right guaranteed by this Article 'shall not be suspended except as otherwise provided for by this Constitution'.
5.       However Constitution provides that the President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Article 359).
 

What are the Constitutional remedies in case violation of Fundamental rights?

 
1.      An aggrieved person can directly reach to the SC in case of violation of Fundamental rights under article 32
However, the jurisdiction of the SC is original but not exclusive. It is concurrent with the jurisdiction of the  high court under Article 226.
2.      However the issue of writ jurisdiction of HC under article 226 is wider than SC.  As HC can issue write not only in case of violation of Fundamental rights but also for enforcement of an ordinary legal right. While SC can issue writs only for the enforcement of fundamental rights and not for any other purpose
3.      During the L Chandra Kumar Case Judgment, SC said that the power of judicial review vested in the Supreme Court and High Courts by Articles 32 and 226 respectively is a part of the basic structure of the Constitution.

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