Article 32 of Indian Constitution
The learned Chief Justice of India, Justice SA Bobde, is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter that the Court was trying to “discourage” recourse to Article 32, the fundamental right to constitutional remedies.
About article 32
- Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country's Apex Court in case of violation of Fundamental Rights.
- The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
- CJI M Hidayatullah in Tilokchand (1970) said that what Article 32 does is to keep open “the doors of this court” and requires the state not to put any hindrance to a person seeking to approach the Court.
Some Exceptions to the article 32
There are exceptions to the rule found in Article 32, which actually means that the right to a speedy trial is not absolute. They include
- The Court regards Article 32 as a judicial power subject to the fundamental principles of administration of justice.
- It does not mean that the Court must ignore and trample under foot all laws of procedure, evidence, limitation, res judicata and the like.
- Justice MP Thakkar and Kanubhai Brahmbhatt observed that time for imposing self-discipline has already come, even if it involves shedding of some amount of institutional ego and to inspire confidence in the litigants that justice will be meted out to them.
- Even if there is a constitutional right to remedies it remains subject to the discipline of judicial power and process.
- Article 33 clearly says that the right will not extend to the members of armed forces.
- Justice Patnaik maintains that the article 33 and 34 will not eclipse the right of a person detained without the authority of law to move for habeas corpus.
