What Article 32 covers
Article 32 is itself a fundamental right: the right to move the Supreme Court for the enforcement of the rights in Part III of the Constitution. The Supreme Court can issue writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto, and other directions. Unlike Article 226, the petition must show the violation of a fundamental right, such as equality (Article 14), freedom of speech, movement or occupation (Article 19), or life and personal liberty (Article 21).
Supreme Court or High Court?
Both courts can protect fundamental rights, but the Supreme Court often asks petitioners to approach the High Court first under Article 226, especially where facts need to be examined or where the High Court can give the same relief. A direct petition under Article 32 is more suitable where:
- the issue affects people in several states, or many people in the same way;
- the same question is pending before different High Courts and needs a single answer;
- multiple FIRs on the same facts have been registered in different states, and clubbing or transfer is sought;
- the challenge is to the validity of a central law or a nationwide policy.
Filings in the Supreme Court are made through an Advocate-on-Record. Vinay Redhu, Advocate, handles Supreme Court matters together with an Advocate-on-Record.
How the matter usually moves
- The facts are reviewed to decide whether Article 32 or Article 226 is the better route.
- The petition is drafted with a synopsis and list of dates, the questions involved, grounds and prayers, with supporting documents and an affidavit.
- It is filed through an Advocate-on-Record and listed for preliminary hearing.
- At the first hearing, the court may issue notice, grant interim relief, or relegate the petitioner to the High Court with liberty to raise all points there.
- If notice is issued, the respondents file their counter affidavits and the matter is heard.
Related remedies in the Supreme Court
- Special leave petitions against High Court and tribunal orders, under Article 136.
- Bail in the Supreme Court, usually through a special leave petition against a High Court bail order.