Part III - Fundamental Rights • Article

Article 32A Simplified: Constitutional validity of State laws not to be considered in proceedings under article 32

Article 32A was an Emergency-era rule added in 1976 that prohibited the Supreme Court from checking whether state laws violated the Constitution in a petition filed under Article 32. Citizens were forced to go to state High Courts instead. It was officially omitted (repealed) in 1977 to restore the Supreme Court's full power of judicial review.

Official Text

Omitted by the Constitution (Forty-third Amendment)Act, 1977,s. 3 (w.e.f.13-4-1978).

Simple Meaning

Article 32A was an Emergency-era rule added in 1976 that prohibited the Supreme Court from checking whether state laws violated the Constitution in a petition filed under Article 32. Citizens were forced to go to state High Courts instead. It was officially omitted (repealed) in 1977 to restore the Supreme Court's full power of judicial review.

Explain Like Ten

This was a rule that said you couldn't ask the highest court in the country to check state rules. Since everyone should be able to ask the highest court for help if they are treated unfairly, this rule was deleted.

Student Mode

Inserted by the 42nd Amendment Act (1976). It barred the Supreme Court from deciding the constitutional validity of a State law in writ petitions under Article 32, unless the validity of a Central law was also challenged. Repealed by the 43rd Amendment Act (1977) to restore full judicial review.

Example

If a state government passed a law that violated your right to equality, Article 32A prevented you from going directly to the Supreme Court in Delhi to challenge it. You had to go to the High Court first. The repeal restored direct access to the Supreme Court.

Key Takeaway

The omission of Article 32A restored the Supreme Court's direct authority to protect citizens against unconstitutional state laws.

FAQs

Why was Article 32A added?

It was added to limit the Supreme Court's intervention in state affairs and restrict citizens' direct access to the highest court.

Which amendment repealed Article 32A?

The 43rd Amendment Act (1977) repealed Article 32A, returning full powers to the Supreme Court.

Quiz

Article 32A restricted the Supreme Court's power to review the validity of which laws?

Answer: State laws

Which amendment repealed Article 32A?

Answer: 43rd Amendment

Related Topics

  • Article 31
  • Article 33