The Constitution of India
Article 32A
Constitutional validity of State laws not to be considered in proceedings under article 32
[Constitutional validity of State laws not to be considered in proceedings under article 32.] Rep. by the Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-1978).
Why this exists
Article 32A was inserted by the 42nd Amendment Act, 1976, during the Emergency period, as part of a broader effort to limit judicial review and centralize certain powers. It aimed to prevent the Supreme Court from testing the validity of State laws in Article 32 proceedings, likely to reduce friction between the Centre, States, and the judiciary and to streamline where such challenges could be heard (mainly High Courts). After the Emergency ended and political conditions changed, Parliament reversed many such amendments through the 43rd and 44th Amendment Acts to restore the Supreme Court's full powers of judicial review.
Common misconceptions
- Myth: Article 32A is still part of the Constitution and limits the Supreme Court's powers.
Fact: It was completely repealed by the 43rd Amendment Act, 1977, effective 13 April 1978, and has no legal effect today. - Myth: Article 32A dealt with Union (Central) laws.
Fact: It specifically concerned State laws, not laws made by Parliament.