Constitutional Remedies | Fundamental Rights | The National TV
- by Aditi-Harshraj
- Apr 25, 2020 18:46
Citizens of the country have fundamental rights, legal rights, and constitutional rights. But these rights are useless until they aren't enforced in the Court of law. Article 32 and 226 of the Constitution of India provide constitutional remedies to its citizens. Article 32 Citizens can move the Supreme Court for infringement of their fundamental rights. They have the power to issue writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Article 226: It states that the High court shall have the power to issue orders, writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari and any of the rights conferred by Part III within its jurisdiction. Prerogative Writs - Habeas corpus It means to have the body and originated from England. It is produced when the person is illegally detained by another person. It can be issued against the official or private person. This will becomes unnecessary when the detainee is produced before the magistrate within 24 hours. The writ of habeas corpus will not be issued if - The detainee is not in the jurisdiction of the court. The person is given imprisonment by a court of law on a criminal charge and proceedings are going on of the person charged for contempt by a court of record or by parliament.
The person is under jail custody by a court of law, or by a legal order. ADM Jabalpur v. Shiv Kant Shukla (Habeas corpus case) This is five judges constitutional bench gave its Judgement with 4:1 ratio. It was held that no one can be granted Habeas corpus during Emergency. The state can take away the liberty of the people during Emergency and other articles including Article 20 and 21 will be also suspended. Mandamus It is the discretionary remedy which literally means a command. The court may order public or quasi-public authority to do their legal duty. This writ will be only issued if the person has the legal right and the authority is bound to accomplish their legal duty.
It can also be issued if the court is not doing its work within its jurisdiction. Prohibition This writ is issued during the pendency of proceedings & It can be issued against judicial & quasi-judicial authority not administrative authority. Certiorari This writ is issued when the order has been made. It can be issued against judicial & quasi-judicial authority not administrative authority. Quo warranto The literal meaning of this writ is "what is your authority?" It is granted public authority and asks for authority under which they have done something. It examines whether the authority has the jurisdiction to take action.
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