Article 32 ensured Guaranteed remedy against infringement or abridges
of any Fundamental Rights, and Article 145(1)(c ) providing Powers to frame Rules with regards proceedings Under Article 32
in the Court. There were confusion
amongst people, and some Advocates undermined the provisions provided by Article 32 of the Constitution, as such by Writ Petition
(Civil) No. 151 of 1996 I suggested:
RULES under sub-clause (c) clause (1) of Article 145 of the Constitution of India, to define
appropriate proceedings for Civil Reliefs
petition as Remedy for enforcement of Fundamental Rights conferred under Part III of the Constitution for the directions or
orders or writs in the nature of Mandamus and / or prohibition, in the matters of civil in nature, shall be filed.
shall be construed on expiry of 30 days from the date of Demand for enforcement of Fundamental Rights served upon the head
of a Department concerned, against which charges of negligence, or inaction or action which violates the fundamental Rights
of any Citizen is made, with clear reference of the matter of violation of particular Article and within said period of 30
days no action on the part of the said head of the said Department is taken to correct the said violation.
shall be contained the following facts in the first Paragraph.
violation of fundamental rights;
the person (public servants accountable for violation of fundamental rights);
to whom Notice of Demand under Rule (2) has been served demanding enforcement of Fundamental Rights but in vain;
in subsequent paragraphs all facts should be stated in detail in chronological order; and
should be supported by an affidavit.
Secretary and / or Chief Secretary of the Central Government and / or respective State shall be made first respondent in the
Writ Petition as the case may be. The Head of the respective departments and public servants responsible for violation of
the Fundamental Rights shall be subsequent Respondents.
can be sent by Registered Post or filed personally before Registrar of Supreme Court.
receipt of such Writ Petition, the Registrar shall allot the Temporary Writ Petition (Civil) Number to the Petitioner.
of the Temporary Writ Petition (Civil) Number, the Petitioner shall sent a copy of the Writ Petition by Registered Post to
each Respondent, informing them that Petition has been Registered as a Temporary Writ Petition (Civil) being Number under
be mandatory duty of each Respondent to file his Reply mentioning each and every fact in detail with photocopies of supporting
evidence, if any, supported by affidavit, within 3o days from the date of receipt of copy of such Temporary Writ Petition
(Civil). Such Reply shall not hide any thing about the matter referred in the Writ Petition.
thing contained false in the Writ Petition and Reply thereof, filed under Rule 3 and 8 shall be construed as Contempt of the
Supreme Court, and person, who affirm such affidavit containing false statement shall be liable for contempt proceeding before
10. The each Respondent shall have
duty to serve a copy of the reply with all annexures to the Writ Petitioner within 7 days from the date of affidavit, at the
address mentioned in the Writ Petition.
11. That if any of the Respondent
restored the Fundamental Rights before affirmation of the affidavit under Rule 8 and the Writ Petitioner satisfy with the
same, he shall convey the same to the Registrar of the Supreme Court and in such event such Writ Petition shall disposed off
accordingly. Before the disposal the Petitioner of such Petition shall file affidavit(s) confirming the same things, within
30 days from the date of service of Reply by the Respondent.
12. That if Writ Petitioner not
satisfy, with the affidavit (together with reply) of any of the Respondent, he shall file Counter affidavit before the Registrar
of Supreme Court, within 30 days from the date of Reply served by the Respondent(s).
13. That after Counter affidavit
from the Writ Petitioner, the Registrar of Supreme Court shall Register, the same as Regular Writ Petition and listed the
same for hearing.
14. That Regular Writ Petition shall
be heard on merit by a Division Bench of Supreme Court.
15. In case of any urgency, a Petitioner
can move for any urgent relief with the leave of the Supreme Court without applying any of the above Rules.
Although Petition was admitted, but we are awaiting framing
of the Rules in conformity with the Provisions of Article 32 of the Constitution of India.