Article 32A was a temporary constitutional provision concerning the scope of proceedings under Article 32. It restricted the Supreme Court from considering the constitutional validity of a State law in proceedings under Article 32 on the ground that the law was inconsistent with certain provisions of the Constitution.
- Meaning of Article 32A
- Introduction of Article 32A
- Purpose of Article 32A
- Article 32A and Article 32
- Article 32A and Judicial Review
- Article 32A and Fundamental Rights
- Article 32A and State Laws
- Omission of Article 32A
- Forty-Second Amendment and Forty-Third Amendment
- Why Was Article 32A Omitted?
- Article 32A and Article 226
- Article 32A and Article 13
- Article 32A and Basic Structure
- Important Constitutional Amendments
- Article 32A and Article 31D
- Important Features of Article 32A
- Common Confusions
- Article 32A at a Glance
- Quick Revision
- Conclusion
Article 32A was introduced by the Constitution (Forty-Second Amendment) Act, 1976 and was later omitted by the Constitution (Forty-Third Amendment) Act, 1977.
It is therefore no longer an operative provision of the Constitution. Its importance lies mainly in understanding the history of judicial review, Article 32 and the constitutional changes made during and after the Emergency.
Meaning of Article 32A
Article 32A placed a restriction on the Supreme Court’s consideration of the constitutional validity of State laws in proceedings under Article 32.
Article 32 itself provides a constitutional remedy for the enforcement of Fundamental Rights.
Article 32A attempted to limit the manner in which that jurisdiction could be exercised when the validity of a State law was challenged.
The provision therefore directly affected the relationship between:
Article 32 → Constitutional remedies
and
Judicial review → Examination of constitutional validity of laws
Introduction of Article 32A
Article 32A was inserted by the Constitution (Forty-Second Amendment) Act, 1976.
The Forty-Second Amendment introduced several provisions that sought to alter the constitutional balance between Parliament, the judiciary and the executive.
Article 32A was part of these changes and imposed a restriction on the Supreme Court’s jurisdiction under Article 32.
Purpose of Article 32A
The purpose of Article 32A was to prevent the Supreme Court, while exercising jurisdiction under Article 32, from considering the constitutional validity of a State law on the ground that it violated certain constitutional provisions.
In practical terms, it restricted the ability of the Supreme Court to examine the validity of State legislation in an Article 32 proceeding in the manner specified by the provision.
This represented a significant limitation on the scope of judicial review under Article 32.
Article 32A and Article 32
Article 32 guarantees the right to approach the Supreme Court for enforcement of Fundamental Rights.
Article 32A, however, attempted to restrict the Court’s consideration of the constitutional validity of State laws in proceedings under Article 32.
The relationship can therefore be understood as:
Article 32 → Provides constitutional remedy
Article 32A → Attempted to restrict part of that jurisdiction
Article 32A was eventually removed from the Constitution.
Article 32A and Judicial Review
Article 32A is particularly important when studying judicial review.
Judicial review allows courts to examine whether legislative and executive actions conform to the Constitution.
By restricting the Supreme Court’s ability to consider the validity of State laws in Article 32 proceedings, Article 32A reduced the scope of constitutional review available through that particular jurisdiction.
Its subsequent omission restored the position that had existed before the Forty-Second Amendment.
Article 32A and Fundamental Rights
Article 32 is a Fundamental Right because it guarantees access to the Supreme Court for the enforcement of rights under Part III.
Article 32A did not create a new Fundamental Right.
Instead, it placed a restriction on the exercise of the Supreme Court’s jurisdiction under Article 32.
This distinction is important:
Article 32 → Fundamental Right
Article 32A → Restriction on Article 32 proceedings, later omitted
Article 32A and State Laws
The provision specifically concerned State laws.
This distinction is important because Article 32A was not a general restriction on all constitutional challenges to all laws.
Its operation was directed towards the consideration of the constitutional validity of State laws in proceedings under Article 32.
Omission of Article 32A
Article 32A was omitted by the Constitution (Forty-Third Amendment) Act, 1977.
The Forty-Third Amendment was enacted after the Emergency and reversed several constitutional changes introduced by the Forty-Second Amendment.
The removal of Article 32A was part of this process.
After its omission, Article 32A ceased to have any operative constitutional effect.
Forty-Second Amendment and Forty-Third Amendment
The constitutional history of Article 32A can be remembered through two amendments.
Forty-Second Amendment Act, 1976
Article 32A was inserted.
Forty-Third Amendment Act, 1977
Article 32A was omitted.
Therefore:
42nd Amendment → Inserted Article 32A
43rd Amendment → Omitted Article 32A
Why Was Article 32A Omitted?
The Forty-Third Amendment sought to restore several constitutional safeguards and reverse provisions introduced by the Forty-Second Amendment.
Article 32A was considered inconsistent with the restoration of the Supreme Court’s constitutional role in judicial review.
Its omission removed the specific restriction imposed by Article 32A.
Article 32A and Article 226
Article 32A should be understood alongside Article 226 because both provisions concern constitutional remedies and judicial review.
| Basis | Article 32 | Article 226 |
|---|---|---|
| Court | Supreme Court | High Courts |
| Main Purpose | Enforcement of Fundamental Rights | Fundamental Rights and other legal rights |
| Nature | Fundamental Right | Constitutional jurisdiction |
| Scope | Primarily Fundamental Rights | Wider than Article 32 |
| Article 32A | Historically attempted to restrict consideration of State-law validity in Article 32 proceedings | Not an equivalent present restriction |
Since Article 32A has been omitted, it does not currently restrict Article 32 proceedings.
Article 32A and Article 13
Article 13 establishes constitutional limitations on laws that are inconsistent with Fundamental Rights.
Article 32 provides a remedy for enforcing Fundamental Rights.
Article 32A, during the short period in which it operated, imposed a specific restriction concerning the consideration of State laws in Article 32 proceedings.
Its omission restored the constitutional position without that specific restriction.
Article 32A and Basic Structure
Article 32A is relevant to discussions about the Basic Structure Doctrine because judicial review is regarded as an important feature of the constitutional structure.
The Forty-Second Amendment attempted to place several restrictions on judicial review.
The later constitutional changes made through the Forty-Third Amendment removed some of these restrictions.
The constitutional history of Article 32A therefore illustrates the continuing importance of judicial review in India’s constitutional system.
Important Constitutional Amendments
| Amendment | Effect on Article 32A |
|---|---|
| Forty-Second Amendment Act, 1976 | Inserted Article 32A |
| Forty-Third Amendment Act, 1977 | Omitted Article 32A |
These two amendments are the most important points to remember when studying the provision.
Article 32A and Article 31D
Both Article 32A and Article 31D were inserted by the Forty-Second Amendment Act, 1976 and later omitted by the Forty-Third Amendment Act, 1977.
However, their subjects were different.
| Provision | Subject | Status |
|---|---|---|
| Article 31D | Saving of laws in respect of anti-national activities | Omitted |
| Article 32A | Restriction concerning consideration of validity of State laws in Article 32 proceedings | Omitted |
This is a useful constitutional-history connection between the two provisions.
Important Features of Article 32A
1. Inserted in 1976
Article 32A was introduced by the Forty-Second Amendment.
2. Concerned Article 32
It specifically affected proceedings under Article 32.
3. Concerned State Laws
The provision dealt with consideration of the constitutional validity of State laws.
4. Restricted Judicial Review
It imposed a restriction on the Supreme Court’s consideration of State-law validity in the specified Article 32 proceedings.
5. Short-Lived Provision
It remained in the Constitution only for a short period.
6. Omitted in 1977
The Forty-Third Amendment removed it.
7. No Current Operative Effect
Article 32A is no longer part of the operative Constitution.
Common Confusions
Is Article 32A Currently in Force?
No.
Article 32A was omitted by the Forty-Third Amendment Act, 1977.
Was Article 32A Introduced by the Forty-Third Amendment?
No.
It was introduced by the Forty-Second Amendment Act, 1976 and omitted by the Forty-Third Amendment.
Did Article 32A Abolish Article 32?
No.
Article 32 continued to exist.
Article 32A attempted to impose a specific restriction on the Supreme Court’s consideration of State-law validity in Article 32 proceedings.
Is Article 32A the Same as Article 32?
No.
Article 32 is the Right to Constitutional Remedies.
Article 32A was a separate provision that restricted part of the Supreme Court’s Article 32 jurisdiction and has since been omitted.
Does Article 32A Currently Restrict Judicial Review?
No.
Because Article 32A was omitted in 1977, it has no current operative effect.
Is Article 32A the Same as Article 226?
No.
Article 226 deals with the writ jurisdiction of High Courts.
Article 32A was a historical provision concerning proceedings under Article 32.
Article 32A at a Glance
| Point | Position |
|---|---|
| Article | Article 32A |
| Subject | Constitutional validity of State laws in Article 32 proceedings |
| Introduced By | Forty-Second Amendment Act, 1976 |
| Omitted By | Forty-Third Amendment Act, 1977 |
| Related Provision | Article 32 |
| Main Area | Judicial review and constitutional remedies |
| Nature | Restrictive provision |
| Current Status | Omitted |
| Current Operative Effect | None |
| Historical Significance | Restriction on Article 32 jurisdiction during the post-Forty-Second Amendment period |
Quick Revision
- Article 32A → Constitutional validity of State laws not to be considered in proceedings under Article 32
- Inserted by the Forty-Second Amendment Act, 1976.
- It restricted the Supreme Court’s consideration of the validity of State laws in specified Article 32 proceedings.
- It was connected with the constitutional debate concerning judicial review.
- Forty-Third Amendment Act, 1977 → Article 32A omitted
- Article 32A is not currently in force.
- Article 32 → Right to Constitutional Remedies
- Article 32A → Historical restriction on Article 32 proceedings
- Article 226 → High Court writ jurisdiction
- Article 32A should primarily be remembered as a short-lived provision introduced and subsequently removed during constitutional changes surrounding the Emergency period.
Conclusion
Article 32A was an important but short-lived constitutional provision introduced during the Forty-Second Amendment. It attempted to restrict the Supreme Court’s consideration of the constitutional validity of State laws in proceedings under Article 32.
The Forty-Third Amendment Act, 1977 omitted Article 32A, removing the restriction from the Constitution. Its history is therefore particularly relevant to understanding the development of Article 32, judicial review and the constitutional changes made during and after the Emergency.
The simplest way to remember Article 32A is:
Article 32A → State laws + Article 32 proceedings
42nd Amendment, 1976 → Inserted
43rd Amendment, 1977 → Omitted
