"Why can't #SupremeCourt entertain Article 32... ... LiveLaw Breaking News Alerts: 13 October 2026

"Why can't #SupremeCourt entertain Article 32 petition for breach of #FundamentalRights?" - Advocate argues before CJI Surya Kant's bench

The bench noted that the petitioner had not approached the High Court first under Article 226

Adv: If I am coming under Article 32, Supreme Court can't [shy]

J Bagchi: Breach of fundamental rights is an overlap in Articles 32 and 226. We would always love court of first instance to take cognizance of violation of fundamental rights

Adv: It's guaranteed that Supreme Court can't suspend the rights...fundamental rights

J Bagchi: You're right. Neither can HC

Adv: Why question of HC ? If Parliament decided both Article 32 and Article 226

J Bagchi: You have a fundamental duty to enforce those rights

Petition disposed of giving liberty to approach HC.