Article 32 – Right to Constitutional Remedies

  • Heart and Soul of the Indian Constitution said by Dr.B.R.Ambedkar.
  • The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights.
  • The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. Writs – Special order issued by court Which is borrowed from UK or England Constitution
  • There are 5 types of writs
    • Habeas Corpus – It means “to have the body of“.  one who holds another in custody to produce the person before the court for some specified purpose.
    • Mandamus – It means “we command“. The court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. It cannot issued to the private individuals.
    • Certiorari – It means “to be certified“. a writ issued by a superior court for the reexamination of an action of a lower court.
    • Prohibition – It means “to forbid“. It is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
    • Quo Warranto – It means “by what authority” It is a question to an alleged usurper of an office to show the legal authority for his appointment and holding on to it
  • The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.