Eduqo

Indian Polity & Constitution›Ch 2: Rights & Duties›Constitutional Remedies and Writs

2.5

Constitutional Remedies and Writs

5 min

Article 32 & 226 - The Shield of Fundamental Rights

1

Golden Rule

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.

2

Exam Value

  • Article 32 is itself a fundamental right under Part III.
  • Supreme Court can issue writs only for fundamental rights.
  • High Court writ jurisdiction under Art 226 is wider than Supreme Court.

Memory Hooks

  • Habeas Corpus = To have the body of (Against illegal detention)
  • Mandamus = We Command (Order to public official to do duty)
  • Quo Warranto = By what authority (Challenging public office hold)
3

The Five Writs at a Glance

Wrrit NameLiteral MeaningAgainst Whom
Habeas CorpusTo have the bodyPublic & Private
MandamusWe CommandPublic Official
ProhibitionTo forbidLower Courts
Quo WarrantoBy what authorityPublic Office holder
4

Visualizing Writs

Habeas Corpus

(Release illegal detention)

Habeas Corpus: Release illegal detention

Release illegal detention

Produced before court within 24 hours.

Mandamus

(Perform public duty)

Mandamus: Perform public duty

Perform public duty

Ordering collector to clear pending files.

Prohibition

(Stop higher jurisdiction breach)

Prohibition: Stop higher jurisdiction breach

Stop higher jurisdiction breach

Stopping lower court acting without power.

Certiorari

(To be certified)

Certiorari: To be certified

To be certified

Quashing illegal order of lower tribunal.

5

Exam Traps & Pitfalls

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.

6

Quick Knowledge Check

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?

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