🏛️ Right to Constitutional Remedies ( Article 32 )
These come under our Fundamental Rights, it has been described in Part 3 (Fundamental Rights) Article 32 of the Constitution.
Which means that citizens can take refuge in the Supreme Court and High Court to enforce the rights. By these courts, all those laws made by the legislature and the actions of the executive will be declared illegal which is against the fundamental right.
🏛️ WRITS
➡️ The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the writs.
✍🏼 1. Habeas Corpus
It is issued at the request of a person who considers that he has been illegally imprisoned. By this, the court orders the officer making the arrest to present the imprisoned person at a fixed time and place, so that the court can consider the reasons for the detention. After hearing both the parties, the court decides whether the detention is valid or illegal, and if it is illegal, the court orders the prisoner to be released. freedom can be achieved by Habeas Corpus writ .
✍🏼 2. Mandamus
Means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
The articles of mandamus are issued when an officer is not discharging his public duty. On the basis of such an order, orders are issued to the officers to get their duty done.
✍🏼 3. Prohibition
Means ‘to forbid’. Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
In other words
This order is issued by the Supreme Court and the High Court to the lower courts and quasi-judicial tribunals, ordering that they should not proceed in this matter because this matter is outside their jurisdiction.
✍🏼 4. Certiorari
Means ‘to be certified’ or ‘to be informed’. Issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order.
This order is mostly issued to refer a dispute from a lower court to the Supreme Court, so that he should not use more powers than his power or violate the natural principles of justice by exercising his power. On the basis of this order, the High Court can also obtain information regarding any disputes from the judges of the lower court.
✍🏼 5. Quo-Warranto
Means ‘by what authority or warrant’. It is issued by the court to enquire the legality of claim of a person to a public office.
When a person starts acting as such an officer, in which he is not legally entitled to act, then the court asks that person by question of authority, on what basis he is working there. And he cannot work until this question is answered satisfactorily.
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Very good Article
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