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GENERAL STUDIES - INDIAN CONSTITUTION)

RIGHT TO CONSTITUTIONAL REMEDIES (ART. 32)

Dr. B.R. Ambedkar called this Article as The
fundamental of the Fundamental Right and the Heart
and Soul of the Constitution. To enforce the
Fundamental Right, the Supreme Court is empowered,
under art. 32, to issue writs of various forms. The
concept of issuing writ is taken from the U.K.

Five types of

writs can be issued by the Supreme Court or the High Courts for the protection of the

Fundamental Rights of the Indian citizens. These writs are are as under:

1. Habeas Corpus:
This writ is issued in the form of an order calling upon a person who has detained another person to bring
that person before the court to let it know under what authority he has detained that person. If the court does not
find any legal justification for detention, it can order immediate release of the detained person. It may be noted
that this writ is not issued if either the person arrested or the person against whom the writ is issued is outside the
jurisdiction of the court; or if the person has been imprisoned by a court of law on a criminal charge; or the person
is involved in proceedings for contempt of court or Parliament.

2. Mandamus It literally means Command.

This kind of writ is issued against a public authority or an officer and inferior Courts for purpose of enforcing
legal rights only. This writ cannot be issued against the President and the Governor.

3. Prohibition to Restrain
This kind of writ is issued by the higher Courts to the lower Courts or the quasi-judicial bodies when the
latter exceed their judicial authority. The objective is to keep the inferior Courts or the quasi-judicial bodies within
the limits of their respective jurisdiction. The difference between Mandamus and Prohibition is that while the
former can be issued against judicial as well as administrative authorities, the latter is issued only against the
judicial or quasi-judicial authorities.

4. Certiorari It is similar to Prohibition.

This writ is issued by a superior court to an inferior court or body exercising judicial or quasi-judicial powers,
to remove a suit from such inferior court of body and adjudicate upon the validity of the proceedings. The main
objective of this writ is to ensure that an inferior court or tribunal does not usurp jurisdiction which it legally does
not possess. The writ can also be issued if the court acts in a matter which is within its jurisdiction, but commits
error of law.

5. Quo Warranto It literally means What is your authority.

This kind of writ is issued to ensure that the person holding a public office is qualified to hold the office.
However, there has been a progressive strengthening of the Fundamental Rights as well. This writ can be issued
only if the office is public created by statute or by the Constitution, or there has been a contravention of the
Constitution, or there has been a contravention of the Constitution or statute in appointing the person to that
office.
Date of Release - 24-MAR-16

SUBJECT: GS

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