Article 32 Is An Important & Integral Part Of Basic Structure Of Constitution : Supreme Court

The Supreme Court reiterated the importance of Article 32 of the Constitution of India in a judgment delivered on Thursday.

"Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of rule of law. Article 32 provides for the enforcement of the fundamental rights, which is most potent weapon", observed a bench comprising Justices Ashok Bhushan, R Subash Reddy and M R Shah.

These significant observations were made in the judgment in the case Skill Loto Solutions Pvt Ltd vs Union of India. The petitioner had filed a writ petition under Article 32 of the Constitution challenging the constitutionality of the levy of GST on lotteries.

A preliminary objection was raised by the Union of India regarding the maintainability of the writ petiton. This was turned down by the bench observing that the petitioner was alleging violation of fundamental rights and therefore the petition was maintainable.

Article 32 confers a right to move to Supreme Court for enforcement of the rights conferred by the Part III, the court observed.

The judgment also quoted the statement made by Dr B R Ambedkar in the constituent assembly about Article 32 as follows :

"If I was asked to name any particular Article in the Constitution as most important.... an Article without which the Constitution would be nullity – I could not refer, to any other Article except this one. It is the very soul o fthe constitution and the very heart of it".

The Court also observed that a writ petition alleging the violation of Article14 specially with respect to a parliamentary Act can very well be entertained under Article 32.

While the court held the writ to be maintainable, it did not accept the contentions of the petitioner on merits and upheld the levy of GST on lotteries, betting and gambling(detailed report about that may be read here).

Article 32 had become a talking point recently in the wake of certain oral remarks made by the Chief Justice of India S A Bobde.

"We are trying to discourage Article 32 petitions", the CJI had orally said while considering a habeas petition filed by the Kerala Union of Working Journalists seeking the release of journalist Siddique Kappan.

On the next day, while refusing to entertain another Article 32 petition, the CJI had orally remarked : "'We are trying to cut down the Article 32 jurisdiction",

Click here to download/read the judgment