When can the supreme court refuse to grant remedy under article 32?
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Article 32 of the Constitution of India provides for enforcement of fundamental rights guaranteed by the constitution of India .Article 32 is a part of basic structure of the constitution and hence cannot be removed from the statue .
However under some circumstances the supreme court can refuse to grant remedy under article 32 .Such conditions include :
1-Res judicata: In the absence of new circumstances arising since the dismissal of the petition filed in the supreme court under article 32 of fresh petition under article 32 on the same matter can't be filled in the supreme court.
2-Delay-If there is no reasonable explanation for delay the supreme court may refuse to grant relief .
3-Malicious petition- The Supreme Court may dismiss the petition filed under article 32 if it is found to be malicious or unmotivated .
4-Anfractuous petition- If the petition filed under article 32 is found to be fruitless or unfruitful , it may be dismissed by the supreme court .
Hope this helps u☺
However under some circumstances the supreme court can refuse to grant remedy under article 32 .Such conditions include :
1-Res judicata: In the absence of new circumstances arising since the dismissal of the petition filed in the supreme court under article 32 of fresh petition under article 32 on the same matter can't be filled in the supreme court.
2-Delay-If there is no reasonable explanation for delay the supreme court may refuse to grant relief .
3-Malicious petition- The Supreme Court may dismiss the petition filed under article 32 if it is found to be malicious or unmotivated .
4-Anfractuous petition- If the petition filed under article 32 is found to be fruitless or unfruitful , it may be dismissed by the supreme court .
Hope this helps u☺
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