SC on Article 32: it’s an integral part of the Constitution

SC on Article 32: it’s an integral part of the Constitution

Supreme Court while delivering a judgment on Thursday illustrated the importance of Article 32 of the Constitution of India. The bench comprising of Justice Ashok Bhushan, Justice R Subash Reddy and Justice M R Shah observed that- “Article 32 is an important and integral part of the basic structure of the Constitution. Article 32 is meant to ensure observance of rule of law. Article 32 provides for the enforcement of the fundamental rights, which is most potent weapon.”

In the case in hand Skill Loto Solutions Pvt Ltd vs Union of India where the petitioner in the case filed a writ under Article 32 challenging the constitutionality of the levy of GST on lotteries. There were objections raised by the Union of India initially which was later turned by the SC saying that the writ is about violation was Fundamental right and was hence maintainable.

The bench also quoted the statement of Dr B R Ambedkar on Article 32, where he said that- “If I was asked to name any particular Article in the Constitution as most important…. an Article without which the Constitution would be nullity –I could not refer, to any other Article except this one. It is the very soul of the constitution and the very heart of it.”

The court further said that Article 32 confers a right on citizen to approach Supreme Court in case of violation of Fundamental Right and a writ alleging violation under Article 14 especially with respect to any Parliamentary Act is maintainable.

On one hand the court held the Writ to be maintainable but on the other did not accept the contentions on merits and upheld the levy of GST on lotteries, betting and gambling.

Read Judgment-

https://main.sci.gov.in/supremecourt/2018/27917/27917_2018_34_1501_24918_Judgement_03-Dec-2020.pdf

Swikritimala Dubey
I am Ms. Swikritimala Dubey and my aim is to help everyone who come across me with all the knowledge I have. I am a law graduate from law College Dehradun, Uttaranchal University. I wish to develop a society which has high expectation and achievements in the field of law and create a great place for learning which is of utmost importance for me.  A community of lifelong learners, responsible global citizens and champions of our own sucess is what I believe in.