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QUESTION| Whether the Limitation Act, 1963 applies to the proceedings under Article 32 and 226 of the Constitution of India? Explain in brief.
Importance of this question : RJS 2018 Mains Paper
QUESTION POSTED ON | 21.10.2021
MODEL ANSWER WILL BE POSTED ON | 22.10.2021
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In case of questions beginning with ‘Whether’ straight forward begin the answer in affirmative or negative and then explain the reason for your answer, quote related provisions supporting your answer.
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Answer: No! The Limitation Act, 1963 does not apply to proceedings under Article 32 and 226 of the Constitution of India. It is clear from various judicial proceedings that no period of limitation has been prescribed for filing a petition under Article 32 and 226.
But the Supreme Court and High Courts while exercising its extraordinary jurisdiction may act in analogy of the statutory limitation while determining whether the petitioner is guilty of delay.
Herein, it would be pertinent to refer to the case of Tilokchand and Motichand and Ors. v. H.B. Munshi and Ors. (AIR 1970 SC 898) for apt recapitulation. In this case, the court dismissed the petition under Article 32 on the ground of inordinate delay and observed that the period fixed by Limitation Act should be taken to be a true measure of the time within which a person can raise a plea successfully under Article 32.
Although the Limitation Act is not applicable to petitions under Article 32 and 226, the courts have on several occasions refused to give relief in cases of long or unreasonable delay.