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Introduction & Types of Writs

Article 32 & Article 226 mentioned in Part 3 & 4 empowers the courts to issue the writs for the sake of protection of Indian citizens' rights and freedoms.
Article 32(1) Guarantee to remedy
Article 32(2) Power of supreme court to issue writs
Article 32(3) Power of parliament  to confer the power to issue writs to other Courts
 Article 32(4)  Suspension of Fundamental Rights
Article 226 Power of High Courts to issue any person or authority, including inappropriate case any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for “any other purpose.”

Art.32 is itself a fundamental right while Art.226 a constitutional right.
Both the articles authorizes the citizens the right to move Supreme Court as per Art.32 & High Court as per Art.226.

In case of the denial of fundamental rights conferred in Part III of Indian Constitution and for any other purposes such as Interim Order, decisions against the tribunals, etc.
Judicial review under Art. 32 & Art.226 is a basic feature of Indian Constitution beyond the pale of amenability; Kihota Hollohan v. Zachillhu, AIR 1993 SC 412 : (1992) Supp 2 SCC 651

Dr. Ambedkar also called Art.32 as "Heart & Soul of Indian Constitution"
Supreme Court is said to be "The Protector & Guarantor of Fundamental Rights".

Types of Writs:

The five types of Writs:

  1. Habeas Corpus:

    If the Judiciary wants to prevent a person from illegal detention or the detained person who had already completed a period of detention but still kept imprisoned, in both these circumstances, Supreme Court or High Court releases that detained person with immediate effect, if there is absense of reasonable justification in the detention.

    Rudul Sah v. State of Bihar, (1983) 4 SCC 141 Rudul Sah was illegally detained for 14 years. PIL was filed in the Supreme Court under Article 32 as his rights were infringed.
  2. Mandamus:

    Mandamus is a command issued by a court to restrain public officer to perform his duty if he acted against the law or took unlawful advantage of his powers.
    The function of mandamus is to keep the public authorities within the limits of their jurisdiction while exercising public functions.

    Hemendra Nath Pathak v. Gauhati University. The University neglected the marks obtained by a student in which he was passed. The petition had passed where Mandamus was issued to direct the University to declare his pass marks required by the rules of University.
  3. Certiorari:

    By this writ, Supreme Court or High Court issues a writ to any inferior courts or tribunals or quasi judicial body in order to quash their judgements in a particular case. They even command these courts to submit their judicial review and if those judgements found to be violative or illegal, then the higher courts can stop the judgement from coming into effect.
    Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, in order to review the parameters of judgements.
  4. Prohibition:

    Through this writ issued by higher courts, they can prohibit the lower courts to pronounce any judgement or come to the verdict in a particular case if they act in violation of rules of natural justice or violates fundamental rights or prejudice is itself unconstitutional.

    East India Commercial Co. Ltd. v Collector of Customs. Supreme Court observed that writ of prohibition is an order issued to direct inferior courts or tribunals to stop proceedings therein on the grounds that the proceedings are going with excessive or lack of jurisdiction.
  5. Quo Warranto

    This writ issues by higher courts to ask an officer or body or authority that on which grounds he holds his office or whether the office he is holding is created by a statue or not. Later, if the officer's title found to be wrongfully gained or defective, his office will be quashed and he would be bound to vacate the same immediately.

Dr. Subramanian Swamy vs J. Jayalalitha And Ors.
Subramanian Swamy petition against Jayalalitha in 2001. Two PIL's against her appointment.

Written By: Madhu Modi (Pursuing law at Mkes Law College)

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