Article 32 Remedies for enforcement of rights conferred by this Part

Borrowed from UK - Prerogative Rights

Article 32 is the Heart & Soul of Constitution - B. R. Ambedkar

(1) Move to Supreme Court

(2) Writs

(3) Parliament has conferred courts this power

(4) Except otherwise

 

1. Habeas Corpus - To have a body

Individual Authority against Authority of Detention

It is issued with against public to private authority

Habeas Corpus cannot be issued if:

The Court has send a person to jail for this:

(a) Lawful detention

(b) Proceedings with reference to Contempt of Court

(c) Where Court has detained

(d) Detention is outside Jurisdiction of Court.

 

2. Mandamus

"We Command" Court orders public official to perform duty

Writ can be issued against:

i. Public Body

ii. Corporations Statutory

iii. Inferior Body

iv. Tribunal

v. Government Organization.

 

Writ cannot be issued against:

(i) Private Individuals

(ii) Private Body

(iii) Corporations, non-statutory

Public Officers

(iv) President, Vice President, Governor

(v) Chief Justice of High Court (Sitting)

 

 

3. Prohibition

"To forbid, to stop"

- Prevented at an early stage

- So that they do not exceed jurisdiction

- Preventive

i. Judicial Bodies

ii. Quasi Judicial Bodies e.g. Tribunals

Cannot be issued against:

i. Legislative bodies

ii. Administrative bodies

iii. Private individuals

 

4. Certiorari

"to be certified", "to be notified"

Prevented on orders passed i.e. earlier stage

Senior court asks inferior court to check the judgment.

Preventive and curative

i. Judicial Bodies

ii. Quasi Judicial Bodies

iii. Administrative bodies

Ranjit Singh Vs. UT of Chandigarh, 1991

 

 

5. Quo Warranto

"by what authority?", "by what warrant"

Court asks public office

Only issued against public office - Statute constitution

Not issued against Private entity / Ministers