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Dr C Suresh (CHAIRMAN)     06 September 2022

Wp 226 vs slp 32

Can a person invoke rights and file in Hon SC u/s 32 on the same matter after his WP u/s 226 against order of DRAT is dismissed by Hon HC ?



Quick Summary
This discussion clarifies whether you can file a writ petition under Article 32 in the Supreme Court after your Article 226 writ petition against a DRAT order has been dismissed by the High Court. The consensus is that Article 32 is for fundamental rights infringements, not for challenging a High Court dismissal. Instead, you should file a Special Leave Petition (SLP) against the High Court's order.

 3 Replies

Sourav Das (Advocate Supreme Court of India)     07 September 2022

No writ petition before supreme court,  but you have file SLP against the order of high court.

Dr J C Vashista (Advocate)     07 September 2022

I agree with exper Mr Sourav Das qua challenge of dismissal order passed by High Court in writ petition under Article 226 of the Constitution of India by way of SLP.

 Article 32 of the Constitution of India can only be invoked before Supreme Court for infringment of fundamental rights of citizen / petitioner enshrined in Part III of the Constitution. ...

P. Venu (Advocate)     07 September 2022

Yes, article 32 cannot be invoked unless there is a case grave violation of fundamental rihghts, that too, as an original cause and not at appellate stage.


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