AIR 1950 SUPREME COURT 124

Supreme Court Of India

(From Madras)

Hon'ble Judge(s): M. H. Kania, S. Murtaza Fazal Ali, M. Patanjali Sastri, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das , JJJ

(A) Constitution of India , Art.32— Scope and extent of -Jurisdiction of Supreme Court under Art. 32 whether concurrent with that of High Court under Art. 226. Constitution of India , Art.226— @page-SC125 Article 32 does not merely confer power on the Supreme Court, as Art. 226 does on the High Courts, to issue certain writs for the enforcement of the rights conferred by Part III or for any other purpose, as part of its general jurisdiction. Article 32 provides a "guranteed" remedy for the enforcement of those rights, and this remedial right is itself made a fundamental right by being included in Part III. The Supreme Court is thus constituted the protector and guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringements of such rights. The jurisdiction thus conferred on the Supreme Court by Art. 32 is not concurrent with the one given to High Courts by Art. 226.(Para 5) (B) Constitution of India , Art.19(1)(a)— Freedom of speech and expression. Freedom of speech and expression includes freedom of propagation of ideas, and that freedom is ensured by the freedom of circulation.(Para 6) ....