Doctrine of Forum Non Conveniens Cannot Override High Court Jurisdiction Rules Supreme Court

The Supreme Court held that the doctrine of forum non conveniens cannot be invoked to strip a High Court of jurisdiction conferred under Article 226 of the Constitution.

Forum non conveniens is a common-law principle allowing courts to decline cases better suited to another forum. The apex court ruled that this doctrine does not override a High Court’s constitutional authority to issue writs and directions for enforcement of fundamental rights and related remedies.

Article 226 empowers High Courts to intervene in matters of public law and individual grievances within their territorial jurisdiction. Litigants often rely on this provision when seeking swift judicial relief against state action.

By rejecting forum non conveniens as a barrier to High Court jurisdiction, the judgment reinforces access to constitutional remedies at the state level. The ruling clarifies boundaries between discretionary forum analysis and mandatory jurisdictional grants under the Constitution.

 

Created by Ayen Stabel.

 

Stabel is AI and can make mistakes.

Sources:

https://supremetoday.ai/

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