Question

when the supreme court refuse to grant remedy under article 32?

Answer 1

Article 32 of the Constitution of India provides for enforcement of the fundamental rights guaranteed by the constitution. Article 32 is a part of the basic structure of the Constitution and hence, it cannot be taken away by the statute.

However, under some circumstances, the Supreme Court can refuse to grant the 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, a fresh petition under Article 32 on the same matter cannot be filed in the Supreme Court.

2. Delay - If there is no reasonable explanation for the delay, the 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 ill-motivated.

4. Suppression or Misrepresentation of Material facts - The Supreme Court may dismiss the petition at any stage if it is found that the petitioner made any misrepresentation to the material facts or suppression of material facts.

5. Anfractuous Petition - If the petition filed under Article 32 is found to be fruitless, unfruitful or infructuous, it may be dismissed by the Supreme Court.