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Fundamental Rights (Article 12-32) | Right to Constitutional Remedies (Article 32)

Right to Constitutional Remedies (Article 32)- Relevance for UPSC Exam

  • GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Fundamental Rights (Article 12-32) | Right to Constitutional Remedies (Article 32)_40.1

 

Fundamental Rights (Article 12-32)- Background

  • About: The Fundamentals rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land.
    • Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
    • Fundamental Rights (Articles 12-35) are applied without discrimination on the basis of race, religion, gender, etc.
  • Key Mandate of Fundamental Rights: Fundamental Rights are provided in the Indian constitution with an aim to promote the ideals of political democracy in India.
  • Source of Fundamental Rights: Fundamental Rights (FRs) of the Indian Constitution derive their origin from the US Constitution (United States Bill of Rights).

Fundamental Duties (Article 51A) | Part IVA | Indian Constitution

मौलिक अधिकार (अनुच्छेद 12-32) | संवैधानिक उपचार का अधिकार (अनुच्छेद 32)

Right to Constitutional Remedies (Article 32)- Key Points

  • Fundamental Rights granted in the Constitution of India are protected by Article 32 which is a fundamental right itself.
  • Right to Constitutional Remedy under Article 32 states that a person can move to the Supreme court if he/she wants to get their fundamental rights protected.
  • Original Jurisdiction of Supreme Court: It means that the aggrieved party can directly move to the supreme court for the protection of its fundamental rights.
    • Under article 32 Supreme court acts as a guarantor and defender of fundamental rights.
  • Article 32 of the Indian Constitution provides for constitutional writs which provide a mechanism for Indians to approach the supreme court in case their fundamental rights are violated.
    • Article 32 can be invoked only to get remedies related to fundamental rights. Thus, it cannot be there for any legal or constitutional right.

Fundamental Rights (Article 12-32) | Right to Constitutional Remedies (Article 32)_50.1

 

Type of Writs in Indian Constitution- Habeas corpus

  • About: Latin meaning of the word Habeas corpus is ‘To have the body of.’ This protects the Fundamental Right of individual liberty against illegal detention.
  • Reason for Issuing Habeas Corpus Writ: The Habeas Corpus writ is issued by Supreme Court/High Court.
    • Under Habeas Corpus Writ, SC/HCs orders one person who has arrested another person to bring the body of the latter before the court.
  • Scope of Habeas Corpus Writ: It can be issued by the SC/HCs against both private and public authorities. Habeas Corpus Writs can not be issued in the following situations-
    • When detention is lawful
    • When the proceeding is for contempt of a legislature or a court
    • Detention is by a competent court
    • Detention is outside the jurisdiction of the court.

Classification of Directive Principles of State Policy (DPSPs)

 

Type of Writs in Indian Constitution- Mandamus Writ

  • About: Mandamus means ‘We Command’. The SC/HCs issue Mandamus writs to order the public official who has failed to perform his duty or refused to do his duty.
    • Mandamus Writ is issued by the courts to force public authorities to resume their work.
    • Mandamus Writ is issued by courts to direct a public authority to do its duty.
  • Scope of Mandamus Writ: Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.
    • Mandamus Writ can not be issued against Private individuals (unlike Habeas Corpus).
  • Mandamus Writ can’t be issued in the following situations-
    • For enforcing departmental instruction that does not possess statutory force
    • For ordering someone to work when the kind of work is discretionary and not mandatory
    • For enforcing a contractual obligation
    • Mandamus writ can’t be issued against the Indian President or State Governors
    • Mandamus writ can’t be issued against the Chief Justice of a High Court acting in a judicial capacity.

44th Constitutional Amendment Act

 

Type of Writs in Indian Constitution- Prohibition

  • About: Prohibition simply means ‘To forbid.’ Prohibition writ directs inactivity on the part of lower judicial courts.
  • Mandate of ‘Prohibition’: It is issued by a higher court against a lower court to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
  • Scope of Prohibition Writ: Prohibition writ can only be issued against judicial and quasi-judicial authorities.
    • Prohibition Writ can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.

42nd Constitutional Amendment Act, 1976

 

Type of Writs in Indian Constitution- Certiorari

  • About: Certiorari meaning is ‘To be certified’ or ‘To be informed.’ power of the higher court to remove a proceeding from a lower court and bring it before itself.
  • Grounds for issuing Certiorari Writ: The Writ of Certiorari is issued on the following grounds-
    • An excess of jurisdiction or
    • Lack of jurisdiction or
    • An error of law.
  • Mandate of Certiorari Writ: It is issued by a higher court (in authority) to a lower court or tribunal ordering them-
    • Either to transfer a case pending with them to itself or
    • Quash the order of the lower court in a case.
  • Scope of Certiorari Writ:
    • Initially, Certiorari Writ was issued only against judicial and quasi-judicial authorities but later its scope was extended to include even administrative authorities.
    • Certiorari Writ cannot be issued against legislative bodies and private individuals or bodies.

List of Major Constitutional Amendment Acts- Part 1

 

Type of Writs in Indian Constitution- Quo-Warranto

  • About: Literal meaning of ‘Quo-Warranto’ is ‘By what authority or warrant.’ It reviews the actions of the administrative authorities who make the appointments to the public offices.
    • The court enquires into the legality of a claim of a person to a public office using the writ of ‘Quo-Warranto’.
  • Grounds for issuing Quo-Warranto: This writ is issued by the court to public officials to enquire about what authority they hold the public office.
  • Scope of Quo-Warranto Writ:
    • The Writ of Quo-Warranto can be invoked only when the substantive public office of a permanent character created by a statute or by the Constitution is involved.
    • The Writ of Quo-Warranto is not available against the private or ministerial office.

List of Major Constitutional Amendment Acts- Part 1

List of Major Constitutional Amendment Acts- Part 2

List of Major Constitutional Amendment Acts- Part 3

List of Socio-Religious Movements during 19th Century

List of Fundamental Rights

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