Right to Constitutional Remedies

As India celebrated its 74th year of independence, it is important to remember the fundamental rights granted to all Indian citizens by the Constitution. Article 226 along with Article 32 of the Indian Constitution guarantees every citizen the Right to Constitutional Remedies, which includes equality before the law and equal protection of laws. This right is often exercised by filing a Writ Petition in the high Courts and the Supreme Court of India. In this article, we will discuss the Right to Constitutional Remedies in detail and examine how it has been used to protect the rights of Indian citizens.

What are constitutional remedies?

Article 226  and Article 32 of the Indian Constitution provide for the right to constitutional remedies. This article is a fundamental right and guarantees equality in every aspect. Constitutional remedies are available to every citizen of India. A writ petition is a formal request made to a court for the enforcement of a constitutional right.

Legal provision for the constitutional remedies

Article 32 and Article 226 talk about constitutional remedies. Let’s discuss them.

Article 32: Article 32 is called the heart and soul of the Indian constitution as marked by Dr. Ambedkar because it gives the power to the supreme court to issue writs to enforce Fundamental Rights. The power to issue writs by the Supreme Court goes under the original jurisdiction. Original jurisdiction means the power of the court to hear a case for the first time. Article 32 also has the power of judicial review. This means that the supreme court can declare a law unconstitutional if it goes against any article of the constitution.

Article 226: Article 226 gives power to the High Courts to issue writs for the implementation of Fundamental Rights. This article also talks about equality in every aspect. Article 226 gives a wide array of power to the high court with its concerning jurisdiction to issue writs against different bodies and other authorities in case of any violation of the fundamental rights.

What is a Writ Petition?

A writ petition is a legal document that is filed in a court of law to request relief from an authority against the violation of fundamental rights. It is a fundamental right guaranteed by article 226 and Article 32 of the Indian Constitution which ensures equality in every aspect.

The writ petition is filed when an individual’s fundamental rights are violated by the state or any of its agencies. It is a means to ensure that the state respects and protects the rights of its citizens.

What are the different types of Writs?

There are five types of writs that are as follows: mandamus, habeas corpus, quo warranto, certiorari, and prohibition. Article 32 of the Indian Constitution gives power to the individual to take the matter to the Supreme Court for the proper implementation of the rights conferred by the Part 3 of the Indian Constitution. It is an extraordinary remedy available to aggrieved individuals when all other avenues have failed. Let’s discuss them one by one.

Habeas corpus:  It is a Latin term which means ‘you have the body. It is issued to produce a person who has been illegally detained before the court. In the case of Rudel shah v/s State of Bihar, the court opined a new rule to protect the fundamental right of an aggrieved party. The court put the liability on the state to compensate the individual in case of illegal detention.

Mandamus: It is a Latin term which means ‘we command’. It is issued to compel a public authority to perform its statutory duty. It is also known as the prerogative writ. In the case of Sohanlal v/s Union of India, the court held that mandamus may be issued against private individuals as well if they owe a public duty.

Quo warranto: It is a Latin term which means ‘by what authority.’ It is issued to inquire into the legality of a person holding a public office. In the case of the Jamalpur Arya Samaj v/s DR. D Ram, the court held that the power to issue quo warranto lies with the High Court but cannot be issued against the private offices.

Certiorari: It is a Latin term which means ‘to be certified’. It is issued to quash the orders of a subordinate court or a tribunal that is exceeding its jurisdiction. In the case of Rajasthan State Electricity Board v/s Mohanlal, the court held that the power of judicial review can be exercised by the apex court of the country and the High Court to keep subordinate courts within their limits.

Prohibition: It is a Latin term which means ‘to forbid’. It is issued to prevent a subordinate court or tribunal from exceeding its jurisdiction. In the case of the State of Karnataka v/s Union of India, the court held that the power to issue prohibition lies with the High Court and the Supreme Court.

Right to Constitutional Remedies is a fundamental right guaranteed by the Constitution of India. It is a safeguard against arbitrary action by the state. This right is available to all citizens, irrespective of their caste, creed, or religion.

Conclusion

Constitutional law is an important and fascinating area of the legal profession. The right to constitutional remedies is a cornerstone of our system of government, and understanding this right is essential for any student of law. In this article, we’ve outlined the basics of the right to constitutional remedies, how equality in every respect shall be given and discussed some of the most important cases in its history.