Appropriate Proceedings - Definition - Law Dictionary Home Dictionary Definition appropriate-proceedings

Definition :

Appropriate proceedings, Art. 32(1) guarantees a right to move by 'appropriate proceedings': there is therefore in the Article itself limitation upon the exercise of the right. Appropriate proceedings would include the procedure relating to form, conditions of lodgement of petition compliance with all reasonable directions imposed which would conduce to the smooth conduct of proceeding in this Court. Power to make rules for practice and procedure of this Court read with the guarantee under Art. 32(1) to move by appropriate proceedings implies the power to impose procedural restrictions conducive to the orderly progress of the petition for relief for breach of a fundamental right, Prem Chand Garg v. Excise Commissioner Uttar Pradesh, AIR 1963 SC 986 (1005): 1963 Supp (1) SCR 885. [Constitution of India, Art. 32(1)]

Article 32 speaks generally of 'appropriate proceedings'. It should be a proceeding which can appropriately lead to an adjudication of the claim made for the enforcement of a fundamental right and can result in the grant of effective relief. Article 32 speaks of the Court's power 'to issue directions or orders or writs', and the specific reference to 'writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari' is by way of illustration only, Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 (840): (1984) 3 SCC 161. (Constitution of India, Art. 32)