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Supreme Court re-emphasizing the significance of the heart and soul of Indian Constitution
"Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of 'rule of law'. Article 32 provides for the enforcement of the fundamental rights, which is most potent weapon", observed a bench comprising Justices Ashok Bhushan, R Subash Reddy and M R Shah.
Supreme court re-emphasize the significance of Article 32 of the Constitution of India in the judgement delivered on Thursday.
Article 32 says:
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or Orders or Writs, including Writs in the nature of hHabeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
The judgment also quoted the statement made by Dr B.R. Ambedkar in the Constituent Assembly about Article 32 as follows :
"If I was asked to name any particular Article in the Constitution as most important.... an Article without which the Constitution would be nullity – I could not refer, to any other Article except this one. It is the very soul o fthe constitution and the very heart of it".
Article 32 had become a talking point recently in the wake of certain oral remarks made by the Chief Justice of India S A Bobde.
"We are trying to discourage Article 32 petitions", the CJI said.
Article 32 had become a hot point recently as the Chief Justice of India S A Bobde mentioned the importace and tried to remind us of it so many times orally.
"We are trying to discourage Article 32 petitions", the CJI said
The Court also observed that a Writ Petition alleging the violation of Article14 specially with respect to a parliamentary Act can very well be entertained under Article 32.
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