Recently Supreme Court Bench headed by Chief Justice of India S A Bobde observed that it is “trying to discourage” individuals from filing petitions under Article 32 of the Constitution.
The observation came during the hearing of a petition seeking the release of journalist Siddique Kappan, who was arrested with three others while on their way to Hathras, Uttar Pradesh, to report on an alleged gangrape and murder.
What is Article 32?
Can High Courts be approached in cases of violation of fundamental rights?
Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:
Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
Mandamus — directing public officials, governments, courts to perform a statutory duty.
Quo warranto — to show by what a warrant is a person holding public office.
Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
Certiorari — a re-examination of an order given by judicial, quasi-judicial or administrative authorities.
In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
When it comes to the violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.
Article 226, however, is not a fundamental right like Article 32.
Difference in the Writ jurisdiction of the Supreme Court from the High Courts
Importance of writs in the Indian constitution
What have been the Supreme Court’s recent observations on Article 32?
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