Live Law
2026-10-13 06:37:54
"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.

