AIR 1981 SUPREME COURT 344 ::1980 LAB. I. C. 1367 ::1981 2 SCR 52 ::42 FacLR 192 ::1981 (1) SCC 568 ::(1981) 1 LabLJ 193 ::1981 (1) LabLN 288 ::(1981) 2 SCR 52 ::(1981) 2 SCWR 8 ::1981 2 SCWR 8

Supreme Court Of India

Hon'ble Judge(s): Y. V. Chandrachud, P. N. Bhagwati, V. R. Krishna Iyer, S. Murtaza Fazal Ali, Anand Dev Koshal , JJJ

(A) Constitution of India , Art.32, Art.226— Scope of Art. 32 - Distinction between Art. 32 and Art. 226 - Exercise of right under Art. 32 - Violation of fundamental right is sine qua non - Locus to file proceeding - Questions as to - Determination - Test. The jurisdiction conferred on Supreme Court by Article 32 can be exercised for the enforcement of the rights conferred by Part III and for no other purpose. The difference in the phraseology of the Articles 32 and 226 brings out the marked difference in the nature and purpose of the right conferred by these Articles. Whereas the right guaranteed by Article 32 can be exercised for the enforcement of fundamental rights only, the right conferred by Article 226 can be exercised not only for the enforcement of fundamental rights but for any other purpose.(Para 10) The jurisdiction conferred on the Supreme Court by Article 32 is an important and integral part of the basic structure of the Constitution because it is meaningless to confer fundamental rights without providing an effective remedy for their enforcement, if and when they are violated. The violation of a fundamental right is the sine qua non of the exercise of the right conferred by Article 32.(Para 11) The maintainability of a writ petition which is co-related to the existence and violation....