Supreme Court Raises Alarm Over Misuse of Article 32
The Supreme Court of India has issued a stern warning about the misuse of constitutional remedies. A bench comprising Justices B V Nagarathna and Ujjal Bhuyan highlighted this concern in a recent observation.
Petitions Filed on Trivial Matters
According to the bench, Article 32 of the Constitution is being exploited. People are filing petitions under this article for minor issues. These include matters like adjournments in high courts.
This practice clogs the judicial system. It diverts attention from more serious cases. The Supreme Court emphasized that Article 32 should serve as a safeguard for fundamental rights. It must not become a tool for frivolous litigation.
Impact on the Judicial Process
The misuse affects the efficiency of courts across India. High courts handle numerous cases daily. Unnecessary petitions under Article 32 add to their burden.
This trend could delay justice for genuine claimants. The Supreme Court urged litigants to use constitutional remedies responsibly. They should reserve Article 32 for significant violations of fundamental rights.
Historical Context of Article 32
Article 32 grants citizens the right to move the Supreme Court for enforcement of fundamental rights. It is often called the heart and soul of the Constitution. Dr. B.R. Ambedkar described it as a cornerstone of Indian democracy.
However, its misuse threatens to undermine this vital provision. The Supreme Court's observation aims to curb such practices. It seeks to preserve the integrity of constitutional remedies.
Way Forward for Litigants
Legal experts suggest that litigants explore other avenues first. They can approach high courts under Article 226 for similar remedies. This step might reduce the load on the Supreme Court.
The bench's remarks serve as a reminder to uphold the spirit of the Constitution. Citizens must exercise their rights with caution. They should avoid exploiting legal provisions for trivial gains.
This development underscores the need for judicial reform. It calls for greater awareness about the proper use of constitutional tools. The Supreme Court continues to monitor such issues closely.
