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What is Article 32 of the Constitution?
What is Article 32 of the Indian Constitution?
Why is Article 32 important?
How does Article 32 affect fundamental rights?
- Habeas Corpus: To ensure the release of a person who has been unlawfully detained. When Article 21 was suspended during the National Emergency, it was held in Addl.
- Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform. In the case of S.P. Gupta v. Union of India, the court entailed that a writ cannot be issued against the President of India for fixing the number of judges in High Courts and filling vacancies.
- Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction. In, Brij Khandelwal v. India (1975) the Delhi High Court refused to issue a prohibition against the Central Government from engaging in a boundary dispute agreement with Sri Lanka.
- Certiorari: To quash an order passed by a lower court, tribunal, or authority. In Surya Dev Rai v. Ram Chander Rai & Ors., the Supreme Court has explained the meaning, ambit and scope of the writ of Certiorari.
Article 32 guarantees the right to move the Supreme Court for the enforcement of the rights conferred by Part III of the Constitution. It also empowers the Supreme Court to issue various writs and authorizes Parliament to confer similar powers on other courts.
Feb 19, 2024 · Learn about the meaning, provisions, and significance of Article 32, which guarantees the right to move to the Supreme Court for enforcement of fundamental rights. Understand the types and features of writs, the role of the Supreme Court and High Court, and the Supreme Court's views on this right.
- Alankrita Singh
- Habeas Corpus. Meaning. It is one of the important writs for personal liberty which says “You have the Body”. The main purpose of this writ is to seek relief from the unlawful detention of an individual.
- Quo Warranto. What does the writ of Quo Warranto mean? Writ of Quo Warranto implies thereby “By what means”. This writ is invoked in cases of public offices and it is issued to restrain persons from acting in public office to which he is not entitled to.
- Mandamus. Writ of Mandamus. Writ of Mandamus means “We Command” in Latin. This writ is issued for the correct performance of mandatory and purely ministerial duties and is issued by a superior court to a lower court or government officer.
- Certiorari. What does Writ of Certiorari mean? Writ of Certiorari means to be certified. It is issued when there is a wrongful exercise of the jurisdiction and the decision of the case is based on it.
- Type of Writs
- Habeas Corpus
- Certiorari
- Prohibition
- Mandamus
- Quo-Warranto
- Suspension of Fundamental Rights
- Status of Writs in Other Countries
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The Constitution empowers the Supreme Court and High Courts to issue orders or writs. The types of writs are: 1. Habeas Corpus 2. Certiorari 3. Prohibition 4. Mandamus 5. Quo Warranto
Habeas Corpus is a writ that is enforced to protect the fundamental right to liberty of an individual against unlawful detention. This writ commands a public official to deliver a detained person in front of the court and provide valid reasons for the detention. However, this writ cannot be issued in case the proceeding is for contempt of a legisla...
The writ of certiorari is issued to a lower court directing the transfer of a case for review, usually to overrule the judgment of the lower court. The Supreme Court issues the writ of Certiorari in case the decision passed by the lower court is challenged by the party. It is issued in case the higher court finds it a matter of overjurisdiction or ...
Prohibition is a writ issued by a higher court to a lower court to enforce inactivity in the jurisdiction. It happens only in case the higher court is of the discretion that the case falls outside the jurisdiction of the lower court. Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
The writ of mandamus is issued to a subordinate court, an officer of the government, or a corporation or other institution commanding the performance of certain acts or duties. Unlike Habeas Corpus, Mandamus cannot be issued against a private individual. The writ of mandamus can be used to order the completion of a task or in other cases, it may re...
Quo warranto is issued against a person who claims or usurps a public office. Through this writ, the court inquires ‘by what authority’ the person supports his or her claim. Through this writ, the court enquires into the legality of a claim of a person to a public office. This writ prevents the illegal assumption of a public office by an individual...
Fundamental rights can be suspended in the case of National Emergency as mentioned under article 352.The six fundamental rights under Article 19 are automatically suspended in the case National Emergency is imposed on grounds of war or external aggression which is stated under Article 358.Article 359 has a clause for suspension of other rights. In that case, a separate notification has to be issued by the President.The rights mentioned under Articles 20 and 21 can never be suspended.The writs other than habeas corpus are discretionary remedies and have been known as prerogative orders in England and Wales since 1938.
Learn about the right to constitutional remedies in India, which is provided by Article 32 of the Constitution. Find out the types of writs, the suspension of fundamental rights, and the status of writs in other countries.
ARTICLES 1. Name and territory of the Union. 2. Admission or establishment of new States. [2A. Sikkim to be associated with the Union.—Omitted.] 3. Formation of new States and alteration of areas, boundaries or names of existing States. 4. Laws made under articles 2 and 3 to provide for the amendment of
Nov 17, 2020 · Learn about the right to constitutional remedies under Article 32 of the Indian Constitution, which empowers individuals to approach the Supreme Court for the enforcement of fundamental rights. Also, understand the concurrent jurisdiction of the high courts and the SC, and the recent views of the CJI on Article 32 petitions.
