Profile
Settings
Refer your friends
Sign out
Discover Unacademy UPSC Offline Centres in the following locations
What does the right to constitutional remedies provide for?
The Indian Constitution is considered to be the supreme law for every Indian citizen. Thus, the Part III of the constitution from Article 12-35 highlights the important Fundamental Rights. Mainly, Article 32 explains the right to constitutional remedies, which is a crucial fundamental right.
Citizens experiencing a breach of their fundamental right can apply to the Supreme Court under Article 32. Hence, they don’t have to wait for the dilatory phase under Article 32. It means that they don’t need to apply to the lower court and gradually move ahead.
Therefore, Article 32 provides a simple, guaranteed, and faster remedy for the enforcement of constitutional rights. Article 32 also states that the Supreme Court has the power to write, order, and issue directions.Article 226 empowers to issue writs by the High courts .
With the inclusion of Article 32 under fundamental rights, the Indian Supreme Court acts as a protector. Any application drafted under the Article 32 cannot be rejected under any technical grounds. Also, with the prescribed writs, the court can pass another order.
These are purposes about what the right to constitutional remedies provide for. Also, the Supreme Court can issue a writ against the government or person in the country. To know more about Writs, read below.
What do Writs mean?
Writs are basically written orders which are issued by the Supreme Court as well as the High Court. These writs are adopted from English Laws in which they are called “Prerogative Writs.” Thus, both the court can order writ to the following.
- Where the action occurs partially or entirely under the jurisdiction of the High court
- To an authority or an individual whose home is outside territorial jurisdiction of the High court.
As said, the applicants directly apply for constitutional remedies to the Supreme Court. But, still, the Supreme Court rules that you should first apply at the High Court.
Different kinds of Writs
There are mainly five different writ types that explain the right to constitutional remedies differently. These necessary writs under the Indian Constitution are as follows.
Mandamus
The Mandamus writ is also issued by the High Court or the Supreme Court under the right to constitutional remedies. The court issues this writ to identify if the officeholder is not their legal duty. It also checks if the person is prohibiting any rights of the individual.
Hence, this writ is generally issued to a corporation, public body, or even the government. But, this writ is not applicable against any private body or individual.
Prohibition
Both the Supreme Court and High Court can issue this writ. It is mainly applicable when the case in the lower court surpasses its jurisdiction. Hence, it can be issued only against quasi-judicial and judicial authorities.
Habeas Corpus
This writ under the right to constitutional remedies is enforced to protect fundamental rights. Thus, it protects the liberty of Indian citizens from any unlawful detention. So, if the ground for arresting is unsatisfactory or unlawful, this writ can help.
To further explain the right to constitutional remedies, this writ cannot be issued to private individuals and public bodies.
Certiorari
Under this writ, the court orders a lower court or authority for transferring the pending case. Thus, the case is transferred to a higher court or authority. The Certiorari writ is issued against quasi-judicial and judicial authorities. But, it is not available against private and legislative bodies.
Quo Warranto
The meaning of this writ is “by what warrant or authority.” The court issues the writ for enquiring about the legality of the claim.
Thus, it enquires whether the claim is legally made by the person to the public office. This writ for right to constitutional remedies helps in preventing any illegal usurpation of the public office.
Conclusion
In conclusion, the right to constitutional remedies is mentioned in Article 32. Thus, a person can apply to the High Court and the Supreme Court for any violation of their fundamental rights. The above information also explains that constitutional remedies are also a fundamental right. Also, no jurisdiction can reject the application under Article 32. Writs are a crucial part of constitutional remedies. Therefore, read carefully and note down this vital information about constitutional remedies.
