Right to Constitutional Remedies
- Article 32 is known as the “spirit of the constitution and exceptionally heart of it” by Dr. Ambedkar. Preeminent Court has included it in fundamental structure regulation. Further, it is clarified that privilege to move to Supreme Court can’t be suspended with the exception of generally given by the Constitution. This suggests this privilege suspended amid a national crisis under article 359.
- Article 32 makes the Supreme Court the safeguard and underwriter of the major rights. Further, the capacity to issue writs goes under the original jurisdiction of the Apex Court. This implies an individual may approach SC straightforwardly for a cure as opposed to by appeal.
- Article 32 can be used only to get a remedy for fundamental rights enshrined in Article 12-35. It isn’t there for some other legal right for which diverse laws are accessible.
What is WRIT?
A precept in writing, enclosed in the form of a letter, rendered in the name of the Sovereign, President or State, issued by a court of justice and sealed with its seal, addressed to a sheriff or other law officer, or directly to the person whose action the court desires to direct, either as the beginning of a suit or as an incident or as an incidental to its advancement, and requesting that the action be taken by the court. The names and details of the different individual writs are as follows.
- The old English law. Instrument In the form of a document; a letter or a letter of attorney. This is a very ancient interpretation of the word.
- In the old books, “writ” is used as the equivalent of “action;” thus the writings are often divided into real, personal, and mixed.
- In Scotian law, Writing; a written document, such as a deed, bond, contract, etc.
Constitutional Philosophy of Writ Jurisdiction
An person whose privilege (fundamental right) is subject to arbitrary administrative action can bring an effective remedy before the Court. Article 32(2) of the Constitution of India provides that The Supreme Court shall have the power to issue writs or petitions, to insert writs into the idea of habeas corpus, mandamus, prohibition, quo warranto and certiorari, as applicable, in order to claim any of the rights conferred by this Part.’ Article 32 is a fundamental right directly under Part III of the Constitution. Pursuant to this Article, the Supreme Court has the power to relax the customary standard of Locus Standi and to encourage general society to intrigue the case in the name of public interest litigation (PIL).
Types of WRIT
Habeas Corpus– This is the nature of an order. This is a written order that invites someone who was imprisoned to present the latter to the Tribunal, so as to inform the Court on what basis he was imposed and to free the person if there is no legal justification for the detention.
Mandamus – A court order that a lower court or a government officer or body force the performance of a particular act, correct a previous action or failure to act. It is used to exercise various public rights or to force public officials to perform their duties and operate within the limits. It may be used to do justice if power is misused or if duties are refused.
Prohibition – Prohibition is issued to a lower court or body to stop acting beyond its power, also known as ‘stay order.’
Certiorari – The certiorari writ issued in order to quash a decision after a lower court has made its decision, whereas the prohibition is imposed prior to the conclusion of the proceedings. The law has always had the power to decide questions concerning the right of subjects and to act in a judicial way against acts or proceedings of a judicial or quasi-judicial entity.
Quo Warranto– The Quo Warranto letter (by what authorisation) is issued in order to investigate the legality of a claim by a person or an authority that is not entitled to act in a public office. The Quo Warranto letter is a form of judicial control that examines the actions of the administrative agency that has hired the person.
Comparative Analysis of Article 32 & 226
Article 32 shall not be inviting or summoned for any unsettling questions which are fit for transfer under any law for violation of an individual right to an arrangement (contract). “Notwithstanding Article 32 any provision in Article 32, the High Court has powers to issue directions, orders or writings in the same territories, including where relevant, writs in the nature of habeas c, to any individual or authority in the territory in relation to which it is responsible,” says, however, Article 226(1) of the Constitution of India.
This article guarantees that the individual to transfer the High Court to respect basic rights and to extend another lawful right, as can be apparent from the unveiled dialect. In the High Court, Article 226 gives general jurisdiction. It complements the legal ability of the company as a major repository. The enactment cannot decrease its ability under Article 226. In relation to forces presented at the Supreme Court in accordance with Article 32 of the Constitution of India, the forces of high courts provided for in Article 226 are therefore greater.
The PIL in Supreme Court of India has taken on a multidimensional character. The deep-rooted, ill-arranged system has been passed along. With the advent of legal advocacy, letters, paper papers, dissensions by open, lively citizens, social activity groups forwarded to the Court in respect of infringements of major rights were viewed as writ petitions and the relief of pay was additionally allowed by writ jurisdiction.
Incredible powers with prompt impact are granted to the subjects in Article 32. In addition, the writs are usually summoned against the state and are issued when the PILs are registered. Writ Jurisdictions which are presented by the Constitution, however have privilege controls and are optional in nature, but are then unbounded in their points of departure.
Author: Sampark Sampad,
National Law University, Odisha 2nd year/ Student