Hey Guys, In this post, we will discuss Right to Constitutional Remedies. In previous posts, we have studied Right to Equality, Right to Freedom, Rights Against Exploitation, So let’s continue our discussion on the Fundamental Rights.
Right to Constitutional Remedies
Article 32
It confers the Right to Constitutional remedies for the enforcement of the fundamental rights of a citizen.
In easy terms, it means that if any person’s fundamental rights are breached then article 32 comes to save their rights. That is why we call this article as Right to Constitutional Remedies.
So, guys, see this is the beauty of Indian Constitution. Every individual seeks help from courts if they are violated because Fundamental Rights are justiciable.
In other words, the right to get the fundamental rights protected is in itself a fundamental right.
Article 32, an article without which this constitution would be a nullity.
-Dr BR Ambedkar
When any of our rights are violated, we can seek justice through courts. We can directly approach the Supreme Court that can issue directions, orders or writs for the enforcement of Fundamental Rights.
Writ Jurisdiction
So, under Right to Constitutional Remedies, Article 32 that the Constitution has guaranteed the people to move supreme court and high court for the enforcement of fundamental rights.
So, here comes writ jurisdiction of Supreme Court and High Courts. The supreme courts (under Article 32) and the high courts can issue writs. Parliament also empowers any other court to issue the following writs,
- Habeas Corpus: to have the body of,
- Mandamus: we command,
- Prohibition: to forbid,
- Certiorari: to be certified and
- Quo Warranto: by what authority or warrants.
Let’s discuss each writ in detail.
Habeas Corpus
It is a Latin word which literally means ‘to have the body of’.
A Writ of Habeas Corpus means that the arrested person should be presented before the court so that the court may examine whether the arrest made is lawful or not.
In case the arrest made is unlawful, the court can order to set free the arrested person.
So, this writ protects the most valuable right for the protection of personal liberty. One can issue this writ against public authorities and private individuals.
Mandamus
It literally means ‘we command’.
This writ is issued when the court finds that a particular official is ignoring to perform his/her legal duty and thereby infringing upon the right of some other individuals or individuals.
One can issue Mandamus writ against any public body, a corporation, a smaller court, a tribunal or government. One can not issue this writ against private individuals.
Prohibition
It literally means ‘to forbid’.
The writ of prohibition is issued by a higher court asking a lower court not to proceed in a case that is beyond its jurisdiction.
One can issue this writ only against Judicial or Quasi-Judicial Bodies.
Certiorari
It literally means ‘to be certified’.
This Writ is issued asking a lower court to transfer a matter pending before it to the higher court. So, it may be able to deal with the case more effectively.
One can issue the writ on the grounds of the excess of jurisdiction or lake of jurisdiction or error of law.
It is both preventive as well as curative. In 1991, the Supreme Court rule one can issue Certiorari even against administrative authorities like judicial or quasi-judicial authorities.
Quo Warranto
It literally means ‘by what authority or warrants’.
The court can issue this writ, if
- If the court finds that a person is holding an office for which he/she is not entitled OR
- to a person who is performing a function for which he/she is not lawfully entitled to.
So, the court may stop that person from holding that office and exercising that function.
One can issue this writ against the ministerial office or private office, public office.
So, guys aren’t it a beauty of Indian Constitution?? I mean, to protect fundamental rights, we possess another fundamental right. So, one can say Right to Constitutional Remedies is nothing but a strong shield on the fundamental rights.
In the upcoming post, we shall discuss the rights of the Armed Forces. Guys, let me make something clear to you, all these rights come with great responsibilities. And I can assure you that none of the world’s constitution can be so vocal for Fundamental Rights like the Indian Constitution is.
So, always cherish for Fundamental Rights but never forget your fundamental duties.
Thanks and Stay Civilised. 😊
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