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Report No. 58

Duty of Supreme Court in petitions under Article 32

4.8. The Supreme Court has pointed out1 that "Article 32 does not merely confer power on the Supreme Court (as Article 226 does on the High Courts) to issue certain writs for the enforcement of the rights conferred by Part III, or for any other purpose, as part of the general jurisdiction." Article 32 provides a 'guaranteed' remedy for the enforcement of those rights, and this remedial right is itself made a fundamental right by being included in Part III. "This Court is thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringements of such rights."

1. Romesh Thapper v. State of Madras, 1950 SCR 594: AIR 1950 SC 124 (Patanjali Sastri J. delivering the majority judgment).

Structure and Jurisdiction of the Higher Judiciary Back

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