How writ petition civil and criminal differ under Article 32 in supreme court

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  • #2249

    Anonymous
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    How are writ petition in civil and writ petition in criminal different in supreme court when both are filed under Article 32 of Indian constitution? Is the remedy different under these two?

  • #2253

    A writ petition under Article 32 of the Constitution can be filed before the Supreme Court only for the enforcement of the fundamental rights. Fundamental rights are available not only with regard to civil laws but also with regard to criminal laws. For example, Articles 20 and 22 are applicable in respect of criminal laws. Articles 14 and 21 may be applicable both in respect of the civil laws as well as the criminal laws.

    As mentioned above, Article 32 deals with enforcement of any of the fundamental rights. Therefore, depending upon what type of fundamental right is violated and/or depending upon the nature of the proceedings, a writ petition (civil) or a writ petition (criminal) may be filed before the Supreme Court under Article 32 of the Constitution. This provision takes care of both types of proceedings.

    Further, writs mentioned under Article 32 can be issued by the Supreme Court depending upon the nature of the proceedings and the nature of the fundamental right sought to be enforced under Article 32 of the Constitution.

    Therefore, there is nothing unusual if writ petitions of civil and criminal, both, can be filed under Article 32 before the Supreme Court.

         


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