A approached the Supreme Court under A.32 of the Constitution, alleging that her fundamental right under A.19(1)(a) had been violated. The Government contends that A should first approach the High Court under A.226 before approaching the Supreme Court, and that, on this ground alone, her petition should be dismissed. Can A’s petition be dismissed on this ground? Principle: “The right to move the Supreme Court by appropriate proceedings for the enforcement of the right conferred by this Part [Part III] is guaranteed.” (A.32(1) of the Constitution) Options: (a) The Supreme Court, being the highest court of the land, cannot be approached directly. A’s petition can be dismissed on this ground. (b) The Supreme Court is the ultimate protector of the fundamental rights, and not the court of first instance to protect fundamental rights. A’s petition cannot be dismissed. (c) The right to approach the Supreme Court under A.32 is itself a fundamental right. A’s petition cannot be dismissed. (d) A violation of a fundamental right is a serious matter. A’s petition cannot be dismissed. (e) High Courts have no authority to decide matters involving the violation of a fundamental right. A’s petition cannot be dismissed.
Posted on: Wed, 22 Jan 2014 02:10:59 +0000
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