Recently, during an on-going judgement, Supreme Court bench led by Chief Justice of India S A Bobde observed that the Top Court is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.
Article 32 of the Constitution is one of the Fundamental Rights. This Article deals with ‘right to constitutional remedies’, i.e., the right to move to Supreme Court seeking enforcement of other Fundamental Rights recognised by the Constitution. It states that the Supreme Court “shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”. The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
This Article is present in part 3 of the Constitution along with other Fundamental Rights. Right to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion. In case any of these fundamental rights is violated, a person can approach the Supreme Court directly under Article 32. This act of moving to supreme court shall not be hindered. The President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency.
Now in the case of journalist Siddique Kappan, the court questioned why the petitioners could not go to the High Court. The answer is sought from Centre and the UP government. Another case filed by a Nagpur-based man arrested in three cases for alleged defamatory content against Maharashtra Chief Minister Uddhav Thackeray and others, the same Bench directed him to approach the High Court first.
Article 32 being a Fundamental Rights holds authority over basic rights given to a citizen. Under Article 226, a party can move to high court directly but this is not a fundamental right. The basic hierarchy that we are aware of that a case follows is Lower court, High Court and then Supreme Court. But when Article 32 is practiced one can directly go to the Supreme Court.
