The Supreme Court of India has expressed concern over the misuse of Article 32 of the Constitution, warning that petitioners are approaching the apex court even when similar matters are already pending in High Courts. A Bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan noted that Article 32 is being invoked “for everything,” often bypassing the judicial process in the appropriate forum.
In a recent hearing, the Court dismissed a writ petition filed under Article 32 because a corresponding case was already sub judice before a High Court. The Bench emphasised that seeking relief under Article 32 while related proceedings are ongoing in a High Court constitutes an improper use of the constitutional remedy and disrupts the judicial hierarchy.
The Supreme Court underlined that Article 32, though a fundamental safeguard for the enforcement of fundamental rights, should not be treated as a shortcut to obtain interim or final relief when a High Court is already considering the issue. Such practices, the Court noted, place an unnecessary burden on the apex court’s docket and undermine the structured functioning of the judiciary.
While reaffirming the sanctity of Article 32 as a critical constitutional right, the Bench stressed that it should be invoked responsibly and only in cases that genuinely require the intervention of the Supreme Court, rather than as a means to circumvent pending High Court proceedings.
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