The Supreme Court on Friday strongly criticised the increasing trend of filing petitions under Article 32 of the Constitution, observing that the provision was being misused to bypass High Courts even in matters where proceedings are already pending.
A bench of Justices B V Nagarathna and Ujjal Bhuyan dismissed a petition filed under Article 32, terming it a “gross misuse of the process of the court and of law.” The bench was hearing a case where the petitioner had approached the apex court directly despite a similar plea already being heard by the Bombay High Court.
Expressing its displeasure, the bench said,
“Article 32 is being misused. The number of cases filed under Article 32 is exponentially increasing. For everything, one adjournment, file Article 32 here. Especially those surrounding Delhi are filing Article 32 petitions. What is this? It is a misuse.”
The court highlighted that Article 32, which is meant for the enforcement of fundamental rights, is increasingly being invoked in cases that ought to be first addressed by High Courts, especially when no substantial violation of rights is demonstrated.
Taking a firm stand, the Supreme Court dismissed the petition outright, stating that it amounted to an abuse of its jurisdiction. The bench reiterated that litigants must not approach the top court in a routine manner when the appropriate forum, such as a High Court, is already seized of the matter.
Article 32 of the Constitution provides the right to constitutional remedies, allowing individuals to approach the Supreme Court directly in case of violation of their fundamental rights. While this Article is considered a cornerstone of the Constitution, the apex court has repeatedly stressed that it should not be used as a substitute for proper judicial procedure, including remedies available before High Courts under Article 226.
