LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Jurisdiction of Court – Original Jurisdiction Over Fundamental Rights
PRINCIPLE STATEMENT
The jurisdiction to entertain any suit which alleges that any fundamental right, including the right not to be subjected to torture, inhuman or degrading treatment under Section 31(1)(a) of the 1979 Constitution, can only be exercised by a High Court in accordance with the provisions of Section 42 subsections (1) and (2) of the Constitution.
RATIO DECIDENDI (SOURCE)
"The jurisdiction to entertain any suit which alleges that any fundamental right, including the right of any person not to be subjected to torture, inhuman or degrading treatment under Section 31 subsection (1) (a) of the 1979 Constitution... can only be exercised by a High Court in accordance with the provisions of Section 42 subsections (1) and (2) of the Constitution."
EXPLANATION / SCOPE
Fundamental rights enforcement jurisdiction is exclusively vested in High Courts by constitutional provisions (Section 42 of 1979 Constitution). No other court—magistrate courts, customary courts, or tribunals—can entertain fundamental rights claims. This exclusive jurisdiction serves: ensuring constitutional rights receive High Court-level scrutiny, maintaining uniformity in fundamental rights jurisprudence, and protecting rights through courts with full constitutional powers. Section 42 prescribes: the procedure for enforcement, the courts with jurisdiction, and the remedies available. Fundamental rights include: personal liberty, fair hearing, freedom from torture/inhuman treatment, freedom of expression, association, movement, and other Chapter IV rights. Claims alleging fundamental rights violations must: be brought in High Court, follow prescribed procedure (often through originating motion/summons), and comply with Section 42 requirements. Lower courts encountering fundamental rights issues must: recognize their lack of jurisdiction, transfer to High Court if possible, or decline to adjudicate. This jurisdictional exclusivity protects fundamental rights through appropriate judicial forum.