Today, On 16th January, The Supreme Court slammed a petitioner for misusing Article 32, dismissing a plea while a related case was pending in the Bombay High Court. “Article 32 is being misused…for everything, one adjournment, file Article 32 here,” it said.
New Delhi: The Supreme Court criticized a petitioner for submitting a plea under Article 32, which allows individuals to seek constitutional remedies for violations of fundamental rights, while a related petition was still pending in the Bombay High Court.
A bench comprising Justices B V Nagarathna and Ujjal Bhuyan stated that Article 32 is being abused with the increasing number of petitions filed, even for mere adjournments in high courts.
The bench remarked,
“Article 32 is being misused. The number of cases filed under Article 32 are exponentially being increased. For everything, one adjournment, file Article 32 here. Especially those surrounding Delhi are filing Article 32 petitions. What is this? It is a misuse,”
The Supreme Court deemed the petition under Article 32 a blatant misuse of legal process and subsequently dismissed it.
Article 32 gives every citizen of India the fundamental right to approach the Supreme Court directly if they feel that any of their fundamental rights have been violated. This is often called the “heart and soul” of the Constitution, a phrase used by Dr. B.R. Ambedkar during the Constituent Assembly debates.
This provision ensures that citizens can seek immediate judicial protection whenever their rights are violated.
A landmark example of Article 32 in action is the Kesavananda Bharati v. State of Kerala (1973) case, in which the Supreme Court upheld the basic structure doctrine and highlighted the crucial role of Article 32 in allowing citizens to challenge violations of constitutional principles.