Constitutional Remedy under Article 32 misused, says SC

The Supreme Court has thrown out a writ petition filed under Article 32, holding that the petitioner had improperly approached the top court while similar proceedings were already pending before the Bombay High Court. The ruling matters as it sends a strong signal against forum shopping and the growing tendency to invoke constitutional remedies as a shortcut.

The petition invoked Article 32 of the Constitution, which allows citizens to directly approach the Apex Court for enforcement of fundamental rights, even though the same dispute was actively under consideration before a High Court. The petitioner sought to bypass the ordinary judicial process, prompting the court to examine whether constitutional jurisdiction was being used as a routine appellate remedy rather than an exceptional safeguard.

A bench comprising Justice B V Nagarathna and Justice Ujjal Bhuyan came down heavily on the practice, observing that Article 32 was increasingly being invoked for matters that properly belong before High Courts. The bench remarked that “Article 32 is being misused,” noting a surge in such petitions, including filings triggered merely by adjournments in High Court proceedings.

Terming the plea a “gross misuse of the process of the court and of law,” the Supreme Court dismissed the petition.

Disclaimer: This news/ article includes information received via a syndicated news feed. The original rights remain with the respective publisher.