Right to Constitutional Remedies – Study Notes for JKPSC KAS

Right to Constitutional Remedies: The Constitution of India grants 6 Fundamental Rights to the citizens of India. In this blog, we are going to learn about the Right to Constitutional Remedies which is covered under Article 32.

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Part III of the Indian Constitution has provided legal remedies for the protection of the fundamental rights granted to the citizens. According to that, a citizen can move to the Supreme Court or High Court in case there has been a violation of fundamental rights.

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Article 32 – Right to Constitutional Remedies

Article 32 of the Indian Constitution deals with the constitutional remedies that are prescribed in case there is a violation of the fundamental rights of any citizen of India.

The scope of article 32 is that it empowers Supreme Court to issue writs in order to enforce fundamental rights in case of violation.

In addition to that, article 226 also provides the powers to High Court to issue writs in case there is a violation of fundamental rights.

Now let us know about the writ and its types.

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What is a Writ?

A writ can be said to be a written order issued by a judiciary body ( Supreme Court and High Court in India). Writs are issued by the judicial bodies in order to enforce fundamental rights in case of violation.

Also, it is issued so that the State respects and protects its citizens and their rights.

There are 5 types of writs that can be issued by the Supreme Court and High Court and they are:

  • Mandamus
  • Habeas Corpus
  • Quo Warranto
  • Certiorari
  • Prohibition

Let’s get to know more about each type in the following lines:

Mandamus

Mandamus is a Latin term that means ‘we command’ and accordingly mandamus is a writ that is issued in the form of a command to any constitutional, statutory or non-statutory authority to perform a certain task as bound by law.

Mandamus cannot be issued against a private individual.

Habeas Corpus

Habeas Corpus is a Latin term meaning ‘to have the body.’ It is a writ that can be issued to protect an individual against unlawful detention. The writ of habeas corpus orders a public official to present a detained person in front of the court and show the reasons for the detention.

In cases of illegal detention, the court can ask the state to compensate the individual for illegal detention.

However, if the individual is found to be in contempt of court then the same cannot be applied.

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Quo Warranto

Quo warranto means by what authority. The writ of Quo Warranto is issued to restrain a person from holding a public office which is obtained by usurping.

Through this writ, the court wants to enquire about the legality of the claim by a person for a position in public office.

Certiorari

Certiorari means to be certified. The Writ of Certiorari is issued to overturn any order that has been made by the lower court. It is issued in cases the decision made in a lower court is challenged by the individual.

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Prohibition

Prohibition means to forbid. The Writ of Prohibition is issued by the superior court to an inferior court in order to prevent the inferior court from exceeding its jurisdiction with the case. It can be described as a stay order.

It can only be issued to judicial and quasi-judicial bodies.

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Conclusion

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