Eduqo
Indian Polity & Constitution›Ch 2: Rights & Duties›Constitutional Remedies and Writs
Article 32 & 226 - The Shield of Fundamental Rights
Dr. BR Ambedkar called Article 32 the heart and soul of the Constitution. It empowers the Supreme Court to issue five types of writs to enforce fundamental rights, while Article 226 gives wider powers to High Courts.
Memory Hooks
| Wrrit Name | Literal Meaning | Against Whom |
|---|---|---|
| Habeas Corpus | To have the body | Public & Private |
| Mandamus | We Command | Public Official |
| Prohibition | To forbid | Lower Courts |
| Quo Warranto | By what authority | Public Office holder |
Habeas Corpus
(Release illegal detention)
Release illegal detention
Produced before court within 24 hours.
Mandamus
(Perform public duty)
Perform public duty
Ordering collector to clear pending files.
Prohibition
(Stop higher jurisdiction breach)
Stop higher jurisdiction breach
Stopping lower court acting without power.
Certiorari
(To be certified)
To be certified
Quashing illegal order of lower tribunal.
SC can issue writs for legal rightsSC issues writs ONLY for fundamental rights
Supreme Court writ jurisdiction is restricted strictly to Part III rights.
Art 32 can never be suspendedArt 32 can be suspended during National Emergency
Under Article 359, President can suspend the right to move courts for enforcement of fundamental rights.
Mandamus lies against private individualsMandamus lies ONLY against public authorities
Mandamus cannot be issued against a private person or private company.
Q1.Who called Article 32 the 'heart and soul' of the Indian Constitution?
Q2.Which writ is issued to secure the release of a person detained unlawfully?