Fundamental Rights

Following is an opinion about fundamental rights:

Fundamental rights may not be submitted to a vote; they depend on the outcome of no elections.(via Know Your Rights « How Joe Sees Things.)

But that is in USA. In India things are often less than clear. According to Article 32 of Constitution of India, every citizen has a fundamental right to approach Supreme Court if any other fundamental right is violated. Now Supreme Court of India has held that this remedy is discretionary. In practice also it entertains only few direct petitions but there is no discerning principles for selection. It depends upon the discretion of judge and not the law.

So the question is: Is it really a constitutional right for citizen of India to approach Supreme Court of India? Because if it is discretionary then what are the principles which will ensure that it is not the discretion of judge but that of law?
© Sandeep Bhalla

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