Question
Explain the Right to Constitutional Remedies as given in the list of the Fundamental Rights.
Or
Highlight the significance of the writs which the Courts can issue to ensure to the citizens their Fundamental Right to Constitutional Remedies under Article 32 of the Constitution.
Solution
The Constitution of India has guaranteed six Fundamental Rights to its citizens. These rights are:
(i) Right to Equality.
(ii) Right to Freedom.
(iii) Right against Exploitation.
(iv) Right to Freedom of Religion.
(v) Cultural and Educational Rights.
(vi) Right to Constitutional Remedies.
According to the sixth right i.e., 'right to constitutional remedies' which has been given in Article 32 and 226 of the Constitution, all the above given fundamental rights are to be protected through the various writs which the High Courts and the Supreme Court can issue from time-to-time. These writs are the following:-
Various writs that ensure people's Right to constitutional remedies:
(a) The Writ of Habeas Corpus: The writ of habeas corpus is the protector of individual liberty and the foundation stone of the rule of law. Such as writ is to that body who has taken some one else into custody against the spirit of law. Through this writ the detainer is ordered to produce the detenus before the court.
(b) The Writ of Mandamus: The writ of mandamus is issued by the Supreme Court to a lower court, an official or an association. The aim of this writ is to protect the right of the petitioner and to get some duty done by that authority to whom the writ is issued. The Supreme Court can issue this writ only for protecting the fundamental rights, but the High Courts are empowered to issue for other purposes also in addition to safeguarding the fundamental rights.
(c) The Writ of Quo-warranto: The writ of quo-warranto is issued to any individual who has usurped a public office. He is asked through that writ about his right to hold the said office.The writ is issued only when there is no otherway out for remedying the grievances. Moreover,it can be issued only for a public office and not for the office of any private organization. In reply to such a writ the officer concerned has to legally prove his right to hold that office, otherwise court can get that office vacated.
(d) The Writ of Prohibition: The writ of prohibition is issued by a court to a lower one.This writ is usually issued when, either the lower court is exercising some powers beyond its jurisdiction or any party fears the possibility of injustice in that court. Through this writ a higher court orders a lower court or some public tribunal to stop the proceedings of a certain case.
(e) The Writ of Certiorari: The writ of certiorari is usually issued with the writ of prohibition. Through this writ, a higher court orders a lower court to send the case and the record concerned therewith to the former.
(i) Right to Equality.
(ii) Right to Freedom.
(iii) Right against Exploitation.
(iv) Right to Freedom of Religion.
(v) Cultural and Educational Rights.
(vi) Right to Constitutional Remedies.
According to the sixth right i.e., 'right to constitutional remedies' which has been given in Article 32 and 226 of the Constitution, all the above given fundamental rights are to be protected through the various writs which the High Courts and the Supreme Court can issue from time-to-time. These writs are the following:-
Various writs that ensure people's Right to constitutional remedies:
(a) The Writ of Habeas Corpus: The writ of habeas corpus is the protector of individual liberty and the foundation stone of the rule of law. Such as writ is to that body who has taken some one else into custody against the spirit of law. Through this writ the detainer is ordered to produce the detenus before the court.
(b) The Writ of Mandamus: The writ of mandamus is issued by the Supreme Court to a lower court, an official or an association. The aim of this writ is to protect the right of the petitioner and to get some duty done by that authority to whom the writ is issued. The Supreme Court can issue this writ only for protecting the fundamental rights, but the High Courts are empowered to issue for other purposes also in addition to safeguarding the fundamental rights.
(c) The Writ of Quo-warranto: The writ of quo-warranto is issued to any individual who has usurped a public office. He is asked through that writ about his right to hold the said office.The writ is issued only when there is no otherway out for remedying the grievances. Moreover,it can be issued only for a public office and not for the office of any private organization. In reply to such a writ the officer concerned has to legally prove his right to hold that office, otherwise court can get that office vacated.
(d) The Writ of Prohibition: The writ of prohibition is issued by a court to a lower one.This writ is usually issued when, either the lower court is exercising some powers beyond its jurisdiction or any party fears the possibility of injustice in that court. Through this writ a higher court orders a lower court or some public tribunal to stop the proceedings of a certain case.
(e) The Writ of Certiorari: The writ of certiorari is usually issued with the writ of prohibition. Through this writ, a higher court orders a lower court to send the case and the record concerned therewith to the former.
