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Right to Constitutional remedy



INTRODUCTION

            Fundamental Rights is the special feature of Indian Constitution, Fundamental Rights is the PART 3rd of the Indian Constitution , thus fundamental rights is enforceable by law, if the Fundamental rights of any individual citizen is violated by any institution, government or others ,the individual citizen can seek fundamental remedy under, 

  • Article 32 of the Indian Constitution in the Supreme court
  • Article 226 of the Indian Constitution in the High court

Article 32 of the Indian Constitution:. Remedies for enforcement of rights conferred by this Part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition,quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

 Article 226 of the Constitution- Power of High Courts to issue certain writs.

[1](1) Notwithstanding anything in article 32[2], every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose[3]

 The Court have the power to issue writs including,

  1. Writ of Habeas Corpus
  2. Writ of Mandamus
  3. Writ of Prohibition
  4. Writ of Quo-Warranto
  5. Writ of Certiorari
these writs are used when a fundamental rights of an Individual is affected or it to be Protected


1. Writ of habeas corpus

          Writ of habeas corpus can be filed by any person on behalf of the person detained illegally or by the detained person himself . Writ of habeas corpus litrally mean ' to produce the body before the court' or 'to have the body', writ of habeas corpus can be filed in case the person is illegally detained by his own family members or others, or the person is been kidnapped , in such cases the affected person or person behalf of him can seek remedy through writ of Habeas corpus.

2. Writ of Mandamus
          Mandamus is a latin word which means 'to command', i.e,,in simple terms 'To command the authority to do certain things,where the Individual has a legal right which cast certain obligation on the authorities, then the individual can seek a writ of mandamus directing the authority to perform its legal duty. Therefore, when the fundamental rights is violated , the writ of command is issued by the courts when any Government,court,tribunal or corporation,or any public authority which has to perform a statutory duty but fails

3. Writ of Prohibition
          Writ of Prohibition is a very important writ which is prevailing nowadays.  Prohibition refers 'to forbid or to stop' and it is popularly know as the 'stay order'. In writ of Prohibition, the higher authority or the higher court directs the lower court to discharge its function within its jurisdiction.

4. Writ of quo-warranto
          the word quo-warranto litrally means "Under what authority".The quo-warranto writ can be issued to restrain a person from holding a public office to which he is not entitled. This writ is used to prevent illegal assumption of any  public office or infringement of any public office by anybody.

5. Writ of Certiorari
         The writ of certiorari is one of the highest prerogative writs which High courts and supreme Courts are empowered to issue under the Constitution. Literally , Certiorari means to be certified . The writ of certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.In other words the Higher court directs or controls the lower court not to function beyond the jurisdiction. There are various grounds on the basis of which the writ of certiorari is issued:
 (1) Lack of jurisdiction
 (2) Excess of jurisdiction.
 (3) Abuse of jurisdiction.
 (4) Violation of the principles of natural justice
 (5) Error of law apparent on the face of the record.

                                                                     
                                                                     
CONCLUSION:
           The Fundamental rights of India plays a vital role to protect the individual's right ,Every Indian citizen should keep in mind that there is immense importance is given by the Indian Constitution for the protection of the citizens individual's fundamental rights through its five types of writs.

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