What is the ground on which the Supreme Court can refuse relief under

What is the ground on which the Supreme Court can refuse relief under Article 32?

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The aggrieved person can get remedy from another court

That disputed facts have to be investigated

That no fundamental right has been infringed

That the petitioner has not asked for the proper writ applicable to his/her case

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CDS-1 – 2020

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Article 32 of the Indian Constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court’s jurisdiction under Article 32 is specifically tied to the infringement of a fundamental right. If the Court determines that the petitioner’s fundamental right has not been violated, it can refuse to grant relief under Article 32.

Article 32 is a fundamental right in itself. The Supreme Court has held that it cannot refuse to entertain a petition under Article 32 merely because an alternative remedy is available, but the primary requirement is the violation of a fundamental right.

While issues like disputed facts might lead the court to direct the petitioner to a lower court or exercise caution, the fundamental ground for rejecting an Article 32 petition is the lack of violation of a fundamental right. The specific writ sought not being the ‘proper’ one might lead to the court issuing a different writ, but not necessarily refusing relief entirely if a fundamental right violation is established.

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