- What is it?: Right to Constitutional Remedies
- Constitutional Remedies: Constitutional Remedies refer to the legal mechanisms provided by the constitution of a country to safeguard and enforce the fundamental rights of individuals.
- Types of Constitutional Remedies under Article 32
- Habeas Corpus
- It is an order issued by the court to a person who has detained another person to produce the body of the latter before it.
- The court then examines the cause and legality of detention. It would set the detained person free if the detention was found to be illegal.
- This writ can be issued against both public authorities and private individuals.
- It is not issued in cases where: detention is lawful, the proceeding is for contempt of a legislature or a court, detention is by a competent court, or detention is outside the jurisdiction of the court.
- Mandamus
- It is a command issued by the court to a public official, asking him to perform his official duties that he has failed or refused to perform.
- It can be issued to a public official, a public body, a corporation, an inferior court, a tribunal, or the government for the same purpose.’
- This writ cannot be issued: against a private individual or body, to enforce departmental instruction that does not possess statutory force, when the duty is discretionary in nature, to enforce a contractual obligation, against the President of India, the State Governors, and the Chief Justice of a High Court.
- Prohibition
- It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
- The writ of prohibition can be issued only against judicial and quasi-judicial bodies and cannot be issued against administrative authorities, legislative bodies, or private entity.
- Certiorari
- It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
- This writ is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
- It can be issued against judicial, quasi-judicial, as well as administrative authorities, but not available against legislative bodies, private individuals or bodies, etc.
- Quo-Warranto
- It is issued by the court to inquire into the legality of a claim of a person to a public office.
- This writ can be issued only in the case of substantial public office of a permanent character created by a statute or by the Constitution.
- It cannot be issued in the case of ministerial or private offices.
- Habeas Corpus