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Constitutional Law India · Just now · 660 views

Can I directly approach the Supreme Court from Gorakhpur for a fundamental rights violation?

RA Asked by Rakesh Jha from India

Quick Answer

Article 32 of the Constitution gives you the right to directly approach the Supreme Court for the enforcement of fundamental rights, which Dr.

Detailed Legal Analysis

Article 32 of the Constitution gives you the right to directly approach the Supreme Court for the enforcement of fundamental rights, which Dr. Ambedkar called the heart and soul of the Constitution.

The Supreme Court can issue five types of writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. A writ under Article 32 lies only for the enforcement of fundamental rights, not for ordinary legal rights, which must be pursued in the Allahabad High Court under Article 226.

The petition must show a clear violation of a fundamental right and the absence of an alternative effective remedy. Uttar Pradesh Rent Control Act 1972 cannot bar an Article 32 petition, since the right is constitutional and overrides any state enactment.

File the petition with all supporting documents and an affidavit verifying the facts in Gorakhpur. Where the matter is urgent, you can also move the Allahabad High Court under Article 226 for faster interim relief.

Last updated: October 3, 2026 LPReviewed by LawPucho Legal Team

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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