Fundamental Rights and Writs

Part III of the Constitution of India is filled with a number of rights. These rights are granted by birth to every Indian citizen. The part is also described as the Magna Carta of India, as it contains six justiciable rights. These rights are also called “Fundamental Rights.” How are these rights governed and ensured by the Constitution? What are the steps and measures taken by the Constitution for their implementation?

The answer is writs. Article 32 is the guard of all fundamental rights. Let us see how it works?

What are Fundamental Rights?

The Fundamental Rights are all guaranteed to every single Indian citizen despite any discrimination. They ensure the integrity and dignity of the individual and the unity of the nation. They were set up to build political democracy. These rights are called “Fundamental Rights” as the Fundamental law of land

guarantees them in the Constitution of India. Also, these are the basic rights required for the overall development of an individual.

What are the different Fundamental Rights?

The original Constitution of India consists of seven fundamental rights. But the 44th amendment of the Constitution 1978 removed the “Right to Property” from fundamental rights.

Here are the present six fundamental rights with their articles number.

  • Right to Equality: Articles 14-18 to the citizens grant the right to Equality.
  • Right to freedom: Articles 19 to 22 grants the right to freedom to the citizens
  • Right against exploitation: Articles 28 to 24 grants the right against exploitation
  • Right to freedom of religion: This right is guaranteed by Articles 25-28.
  • Cultural and educational rights: These rights are mentioned in Articles 25-28.
  • Right to constitutional remedies: This right is empowered in Article 32.

Article 32

Article 32 of Part III of the Indian Constitution guarantees the right to constitutional remedies. This article is the very soul of the Constitution and is the most basic feature of the Indian Constitution. It is also known as the Guard of Fundamental Rights, as without this right, all other fundamental rights are void and weak.

Features of Article 32

Following are the features of Article 32:

  • Article 32 grants the citizen the right to move the Supreme Court for the enforcement of Fundamental Rights.
  • The Supreme court also has the power to issue waits for the enforcement of fundamental rights.
  • The President can suspend the right to constitutional Remedy in the case of national emergencies.

Purpose of Article 32

  • The primary purpose of Article 32 is to provide an effective remedy for the protection of fundamental rights.
  • Violation of Fundamental rights is also called sine qua non.
  • Article 32 empowers the Supreme Court, and Article 226 empowers the High Court to issue writs.

Writs and their Importance

What is a writ?

A writ may be defined as a legal order issued by the court; this mainly consists of what to do or what not to do. The system of writs is borrowed from English law ‘Prerogative writs.’

Different types of Writs

The different writs mentioned in the Indian Constitution are as follows:

Habeas Corpus

Habeas Corpus can be issued against Public authorities as well as Private individuals. It was introduced to control arbitrary power and check the unlawful defect detention. The court gave this writ to a person who has detained another person. The court asks the former to show the body of the latter.

After investigation, if the court finds the cause of the detention illegal or unlawful. It lets the detained person set free.

Mandamus

The court issues this to a public official. The court asks the official to deliver his duties that he has failed to do or refused to perform. This writ is issued only to the public authorities.

Prohibition

In general English, prohibition means ‘to stop’ or ‘to forbid.’ Prohibition is the opposite of Mandamus; it directs inactivity. A higher court issue this writ to a tribunal or lower court or a tribunal. When the latter exceeds its jurisdiction. This writ can be issued against judicial or quasi-judicial authority.

Certiorari

Certiorari writ can be issued for judicial, administrative, or quasi-judicial organizations. A high court issues this writ to a lower court or tribunal. It either asks them to transfer a pending case to itself or to abolish the latter’s order in that case.

Quo-Warranto

The writ Quo-Warranto protects illegal occupancy of a public office by a person. The court issued Quo-Warranto to inquire about the legality of a person’s claim to public office.

A Way Forward

The writs in the Constitution ensure the legality and validity of other fundamental rights. Thus, writs and Article 32 are important as an essential fundamental feature of our Indian Constitution.

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This post was last updated on October 31st, 2021 at 09:19 pm

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