What was the main reason for the insertion of Article 32A in the India...
Article 32A was inserted to limit the jurisdiction of the Supreme Court in invalidating state laws. It required a challenge to a central law as well to invoke the jurisdiction of the Supreme Court to invalidate a state law.
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What was the main reason for the insertion of Article 32A in the India...
Reason for the insertion of Article 32A in the Indian Constitution:
To limit the jurisdiction of the Supreme Court:
Article 32A was inserted to limit the jurisdiction of the Supreme Court in certain matters. It was added through the Constitution (Forty-Second Amendment) Act, 1976, during the period of Emergency in India. The main aim of this provision was to reduce the burden on the Supreme Court and to ensure that certain types of cases are dealt with by High Courts instead.
Context during the Emergency:
During the Emergency period, there was a significant increase in the number of cases being filed directly in the Supreme Court under Article 32 of the Constitution. This led to a backlog of cases and delays in the disposal of important matters. To address this issue, Article 32A was introduced to divert some cases to the High Courts, thereby easing the workload of the Supreme Court.
Impact on judicial efficiency:
By limiting the jurisdiction of the Supreme Court and empowering the High Courts to handle certain types of cases, Article 32A aimed to expedite the resolution of constitutional cases. This provision ensured that cases could be heard and decided at the appropriate level of the judiciary, thus streamlining the legal process and promoting judicial efficiency.
Conclusion:
In conclusion, the insertion of Article 32A in the Indian Constitution was primarily driven by the need to limit the jurisdiction of the Supreme Court and ensure that certain cases are dealt with by High Courts. This provision was introduced during the Emergency period to address the backlog of cases and improve the efficiency of the judicial system.