Part III: Fundamental Rights

Article 32A: Constitutional Validity of State Laws Not to Be Considered:: Right to Constitutional Remedies

Article 32A was introduced by the 42nd Amendment in 1976 to prevent the Supreme Court from reviewing the constitutional validity of state laws under Article 32 proceedings. This article was later omitted by the 43rd Amendment in 1977 to restore judicial review over state laws.

Explanation

Article 32A was part of a series of amendments during the Emergency to limit the judiciary's role in scrutinizing state laws. Its omission in 1977 reflected a return to upholding judicial review, ensuring that state laws remain subject to the Supreme Court's oversight.

Key Aspects of Article 32A

• Limiting Judicial Review: Article 32A restricted the Supreme Court from reviewing state laws in Article 32 proceedings.
• Omission through the 43rd Amendment: The amendment removed this restriction, reinstating the Supreme Court’s power to scrutinize state laws.
• Impact of Emergency: The article's insertion and removal highlight the shifting balance between legislative authority and judicial oversight during the post-Emergency period.

Historical Significance

The enactment and subsequent repeal of Article 32A illustrate the impact of the Emergency on India's legal system, underscoring the importance of judicial review in upholding fundamental rights and democratic principles.