The Supreme Court’s intervention following the arrest of 5 activists by the Pune police has set the stage for determining the scope of Article 32. The question is whether in a criminal matter the court can entertain a petition under Article 32 of the Constitution?
About:
Article 32 – 35 comes under the right to constitutional remedies. But it’s the A – 32 only which talks about list of constitutional remedies.
A – 32 (1) recognizes the rights of individual to approach Supreme Court (SC) directly for getting fundamental rights enforced if they are found to be violative.
A – 32 (2) confers the power on SC to issue directions, orders or writs including the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the enforcement of any of the fundamental rights.
Some key points:
A – 32 is different from the other fundamental rights in the sense that it is remedial in nature.
President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency.
These writs are borrowed from English law where they are known as ‘prerogative writs’. They are so called as they were issued in the exercise of the prerogative of the kind who was and is still described as the fountain of justice.
Under A – 32, SC has original jurisdiction.e. aggrieve person can directly go to the SC. But it is not exclusive as it is concurrent with the jurisdiction of the high court under A – 226. i.e. on violation of Fundamental Rights, aggrieved party can approach either the HC or the SC directly.
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