Article 32: Right to constitutional Remedies – Heart and Soul of Indian Constitution

  • According to Article 32 you can move directly to supreme court and high court if you feel any of your fundamental rights have been violated.
  • It shows that fundamental rights is justiciable in court of law
  • It is called the “Heart and soul of Indian Constitution ” by Dr B.R Ambedkar
  • The Courts can issure writs to make sure the fundamental rights are not violated

The different Writs that Courts may issue are:

  1. Habeas Corpus:

    • According to this if any person is detained by any authority then he must be produced before court within 24 hours of detainment. Then court will decide whether his detainment will continue or he must be set free. This is done so that no person is wrongly detained by any authority.
  2. Mandamus:

    • It’s literal meaning is “Command”
    • Court can order a person or authority to do a task in Public Duty
  3. Prohibition:

    • A higher court may order a lower court to stop jurisdiction on grounds of over stepping of jurisdiction
  4. Certiorari:

    • High court can ask a lower court to hand over the case for speedy jurisdiction
  5. Quo Warranto:

    • Literal meaning is “BY what authority”
    • The court may ask a peson “By what authority is a person holding a public office”
    • If court feels that his claim to the office is wrong he may be removed from the office

 

To Go to next Chapter: CLICK HERE
To Go to Indian Polity all chapters Index Page : CLICK HERE
To Go to History Notes: CLICK HERE

To download notes in PDF format Click below
Thank You for reading the Article. Good Luck for your upcoming Exams.

Leave a Reply

Your email address will not be published. Required fields are marked *