Pankhuri Srivastava, Bharati Vidyapeeth Deemed University, New Delhi
CASE NAME – Umedsinha P. Chavda v. Union of India & Others, 2020 CITATION – (2020) 6 SSC 346 DECIDED ON – 11th June, 2020 BENCH - JUSTICE D.Y. CHANDRACHUD, JUSTICE HEMANT GUPTA, JUSTICE AJAY RASTOGI PETITIONER – UMEDSINH P. CHAVDA RESPONDENTS – UNION OF INDIA & ORS. PROVISIONS INVOLVED – Article 32 of the Constitution of India, 1949
BACKGROUND OF THE CASE:
Article 32 of the Indian Constitution has widened the scope for citizens of India to raise their voice directly in front of the honorable Supreme Court, in case there is any violation of their fundamental rights. Article 32 provides a guaranteed right to move to the Supreme Court through appropriate proceedings for enforcement of one's fundamental rights consecrated under Part III of the Constitution. However, sometimes exploitation of Article 32 has been witnessed where petitioner wrongly invokes the jurisdiction, adding further burden on existing pending matters before the Court. Here, in Umedsinha P. Chavda v. Union of India & Others, 2020, the petitioner claiming himself to be a ‘social worker’ has filed the case without any previous technical knowledge specifically targeting two brands, where, the Honorable Supreme Court came down heavily on the Petitioner for erroneously invoking such jurisdiction.
WHAT IS ARTICLE 32?
If I was asked to name any particular Article in this Constitution as the most important – an Article without which this Constitution would be a nullity – I could not refer to any other Article except this one.... It is the very soul of the Constitution and the very heart of it, “Dr. Ambedkar.
As said, if there is no remedy there is no right, our constitution framers have incorporated a long list of fundamental rights and have also provided the effective remedy for the enforcement of those rights under Article 32 of the constitution. Article 32 is a fundamental right in itself.
Article 32(1) of the Indian Constitution guarantees the right to directly approach the Supreme Court by the appropriate proceedings for the enforcement of the fundamental rights laid down in part III of the Constitution. Under clause (2) of Article 32 the Supreme Court has the power to issue the suitable writs, which include writs in the nature of mandamus, certiorari, prohibition, habeas corpus and quo-warranto. Any citizen if proved that his fundamental rights have been violated or infringed can reach the court for the enforcement of any of the rights conferred by part III of the Constitution of India.
Under Article 32(3) Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or of the powers exercisable by the Supreme Court under clause (2). Under clause 4 of Article 32 it is said that all the rights provided under Article 32 shall not be suspended unless provided for by the constitution.
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