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APPLICATION UNDER ARTICLE 32 of India Constitution


25-Jul-2023 (In Supreme Court Law)
I solicit valuable advice on the following: Can a defence person approach the hon'ble supreme court under article 32 for violation of his fundamental rights? If any policy made by army/navy/airforce can be challenged by a defence person means a soldier/airmen/sailor in the court of law under article 32 directly? Will it have any repercussion in the eye of law such as violating channels or will it be hit be official secrets act? Whether a soldier who is not affected by ibid policy but violates the fundamental rights of other soldiers can approach the apex court in the form of a PIL under article 32 for violation of fundamental rights of other soldiers?
Answers (4)

Answer #1
743 votes
As far as fundamental rights are concerned, everyone is equal in eyes of law and no discrimination can be made.
If any person whether airmen or soldier or sailor has been deprived of fundamental rights the person can approach to the Hon'ble Supreme Court.

Answer #2
512 votes
Writ petition is maintainable for safeguarding fundamental rights.Supreme court can either entertain the writ petition or direct the petitioners to approach high court at the first instance.In this regard it is the discretion of Supreme court .Supreme court also entertains PIL depending upon facts of the case.
Answer #3
598 votes
Yes .. you can move to supreme Court....,,..
Answer #4
892 votes
Hello client,
Hru i have read your query.in which you wish to file PIL in supreme court under article 32 for voilation of fundamental rights. But in your case you not affected but others are getting affected.you can not file PIL in article 32 .in this you have to file PIL in other article of constitution. You can contact for futher proceedinds.

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