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ARTICLE · 06 JULY 2020

Erroneous Use Of Article 32-SC Slams Pil Seeking Ban On Coca-Cola And Thumbs Up

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The scope of Article 32 of the Constitution of India has widened tremendously since the 'Emergency Era' in late 1970s, as a medium of voicing the rights of indigent population in the country.

IndiaLitigation, Mediation & Arbitration

The scope of Article 32 of the Constitution of India has widened tremendously since the 'Emergency Era' in late 1970s, as a medium of voicing the rights of indigent population in the country. Article 32 provides a guaranteed right to move to Supreme Court through appropriate proceedings for enforcement of one's fundamental rights enshrined under Part III of the Constitution. However, the Indian judiciary is witnessing a spike in misappropriation at the hands of litigants, who erroneously invoke this jurisdiction under Article 32 and thus, add to the mounting pile of pending matters. Recently, the Hon'ble Court came down heavily on the Petitioner for erroneously invoking such jurisdiction in the case of Umedsinh P Chavda vs. Union of India and Ors.1 and imposed cost of Rs. 5 lakhs upon him.

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