The right to Constitutional Remedies is the right provided to the citizens of India to move to either the High Court or Supreme Court to protect their fundamental rights. Article 32 of the Indian Constitution defines the Right to constitutional remedies of the Supreme Court and Article 226 of the High Court.
What are the Features Of Article 32 Of the Indian Constitution?
- Under Article 32 Remedy is guaranteed.
- Under Article 32 Supreme Court and High Courts have the authority to grant Writ.
- Parliament can grant authority to other courts as well for issuing writs
- Supreme Court which is responsible for protecting India’s fundamental rights can suspend any of the fundamental rights under article 32.
What is Writs?
These are written orders issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizens from a violation. The Constitution empowers the Supreme Court and High Courts to issue orders or writs.
Types of writs
1. Habeas Corpus
2. Certiorari
3. Prohibition
4. Mandamus
5. Quo Warranto
Habeas Corpus
- Habeas Corpus means “to bring the body of.“
- Supreme Court or High Court has jurisdiction to issue this writ.
- Used to locate an individual unlawfully confined.
- Applicable when a person is untraceable.
- Not applicable if detention is legal.
Certiorari
- Certiorari means “to be certified.“
- It’s a legal remedy in the Indian Constitution.
- Used when lower courts exceed jurisdiction.
- Used when lower courts lack jurisdiction.
- Allows court to transfer a case from lower court.
- Primarily used by Supreme Court and High Courts.
- Reviews decisions of lower courts, quasi-judicial bodies, and administrative tribunals.
Prohibition
- Writ of prohibition stops lower court or tribunal exceeding jurisdiction.
- Prevents acting in excess of legal authority.
- Available under Article 226 of Indian Constitution.
- High Courts empowered to issue writs.
- Enforces fundamental rights and other purposes.
- Cannot be issued against administrative, legislative, or private bodies.
Quo Warranto
- Writ of quo warranto checks legitimacy of public office, franchise, or right.
- Aims to verify legal claim.
- Determines if holder has legal authority.
- Term means ‘by what authority‘.
- Covers Statutory and Constitutional offices.
- Cannot be used against Ministerial office.
Mandamus
- Mandamus means we command.
- Mandamus commands activity and Prohibition commands inactivity.
- This Writ is issued against public officials if they fail to perform their duties. (Public corporation, Public body, Tribunal, Inferior Court, etc).
- This Writ cannot be issued against-
- A private individual or private body.
- Department instruction that is not statutory.
- Cannot be issued if the job is discretionary.
- President and Governor.
- The chief justice in a judicial capacity.
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