Article 32 of the Indian Constitution grants the right to Constitutional
Remedies, allowing individuals to directly approach the Supreme Court for the
enforcement of their fundamental rights. It's considered a fundamental right
itself, ensuring the protection of these rights by providing a remedy against
The five types of writs provided for by the Indian Constitution are:
- Habeas Corpus: It's a writ that safeguards against illegal detention or imprisonment, demanding the person in custody to be brought before the court to ensure their freedom. Habeas Corpus is a legal recourse used to protect individuals against unlawful detention. When this writ is issued, the court demands that the detained person be brought before the court to ensure they haven't been unlawfully imprisoned. It's a fundamental safeguard for personal freedom and prevents arbitrary or illegal detention by authorities.
- Mandamus: This writ is issued by a superior court to a lower court, public authority, or government official, directing them to perform their duties or to refrain from acting beyond their authority. Mandamus is a writ issued by a higher court to compel a lower court, public authority, government official, or administrative tribunal to perform an official duty that they're obligated to perform. It's used to enforce public duties or to prevent the neglect of official duties by those in authority.
- Certiorari: It's a writ that enables a higher court to review the decision of a lower court or tribunal to ensure it was made within its jurisdiction. Certiorari is a writ issued by a higher court to review the decision of a lower court, tribunal, or any other authority. It's used to ensure that the decision was made within the scope of its jurisdiction and according to the law. If the higher court finds that the decision was beyond the authority or was made improperly, it can quash the decision.
- Prohibition: This writ is issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the laws. Prohibition is a writ issued by a higher court to prevent a lower court, tribunal, or any other authority from exceeding its jurisdiction or acting contrary to the law. It halts proceedings that are beyond the legal authority of the lower court or those that are against established legal principles.
- Quo Warranto: It's a writ used to challenge a person's right to hold a public office, ensuring that the individual holds the office legitimately according to the law. Quo Warranto is a writ used to challenge the legality of a person holding a public office, questioning their right or authority to occupy that position. It's aimed at ensuring that individuals holding public offices do so rightfully and in accordance with the law.
Article 226 of the Indian Constitution empowers High Courts to issue writs for
the enforcement of fundamental rights as well as for any other purpose. It
grants the High Courts the power to exercise their jurisdiction to protect the
rights of citizens and entities within their respective territories.
Written By: Dheeraj Pujari
, BA LLB (7th Sem) - University College Of Law, Udaipur