Subjects >>Indian Polity >>Right to Constitutional Remedies

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INTRODUCTION
18 Jul 2020

Article 32 provides institutional framework for the enforcement/protection of Fundamental Rights. Dr. Bhimrao Ambedkar called this right as the Fundamental of the Fundamental Rights. He also called it “Heart and Soul” of the Constitution.

Under Article 32, in order to protect Fundamental Right, Supreme Court is empowered to issue 5 types of writs.

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo-Warranto

All these writs are issued by High Courts also under Article 226.

There is no time limit given in the Constitution as when to issue these writs, it is up to Supreme Court/High Court to issue it.


HABEAS CORPUS

Important points under Habeas Corpus writ:

  • It means – ‘To have body’, that is to be produced before the court bodily or physically.
  • This writ is issued to protect the personal liberty of the individual (Article 21) against arbitrary arrest/detention.
  • If any person is illegally arrested by any authority or even by any private individual, the writ of Habeas Corpus may be issued by the Supreme Court ordering the authority/person to produce the aggrieved person physically before the court.
  • If the court finds the detention illegal, the aggrieved person may seek compensation also.
  • This Writ issued against any Government authority as well as any private individual.

MANDAMUS

Important points under Mandamus are:

  • It means: TO GIVE COMMAND, this writ is issued by the Supreme Court to the public authority (Government servants) as well as to the subordinate courts or quasi-judicial bodies (tribunals).
  • If any public servant or sub-ordinate court is not performing its duties then this writ can be issued against such person or body in order to perform their constitution or legal obligations towards the people.
  • However, Mandamus can’t be issued against – President, Governor and Private Individuals.

PROHIBITION

The important points under the Prohibition writ are:

  • It means TO PROHIBIT/TO STOP.
  • This writ is issued by the Supreme Court to the sub-ordinate courts or Quasi-Judicial bodies.
  • This writ is issued in order to prohibit them from initiating or continuing proceedings in any specific case.

CERTIORARI

The important points under Certiorari are:

  • It means TO FINISH/TO QUASH.
  • This writ is issued to quash the order/decision of sub-ordinate courts.
  • Prohibition is issued when the case is yet to be initiated or it is already continued in any court, in order to stop further proceedings.
  • Whereas Certiorari is issued after the decision is taken by the sub-ordinate court or quasi-judicial body to quash that decision.

QUO-WARRANTO

The important points under the Quo-Warranto are:

  • It means: BY WHAT AUTHORITY.
  • This writ is issued in order to maintain transparency in public appointment/appointment to any public post.
  • If any person is appointed to any public office without having required qualification, on the basis of the complaint, the court may ask the person to produce all relevant documents/testimonials proving his claim and appointment to the post.
  • If the court finds any misgivings, his appointment may be cancelled, punishments may also be given for any wrongs.