This article was written by SASANK.MITTA is a student of Indira priyadarsini law college
INTRODUCTION
Dr. B.R. Ambedkar said If I was asked to name any particular article in this constitution of India as the most important, an article without which this constitution of India would be nullity I could not refer to any other article except this article 32 of the Indian constitution it is the very soul of the constitution and the very heart of it.
ARTICLE 32 OF THE INDIAN CONSTITUTION:
Article 32 is one of the fundamental rights given by the Indian constitution and it is the constitutional remedy this is one of the most important fundamental right among the other fundamental rights because this article protects the other fundamental rights and a writ is a petition which we can file in the supreme court according to 32 article of the Indian constitution and we can file the same writ in the High court according to 226 article of the Indian constitution and the writ petition helps to protect our fundamental rights when someone violets our rights given by the Indian constitution and there are five types of writs introduce in our constitution of India.
- HABEAS CORPUS
Habeas Corpus means ” To Produce the body ” and Habeas corpus is one of the most important writs among the other writs this writ helps the person who was detained by the police or any other person without any cause or any reason That means if any person was missing or if any person was abducted without any reason by the policeman or any other person then we have two options we can approach human rights commission and another one is we can file a habeas Corpus writ petition in the supreme court under the article 32 of the Indian constitution and we can file a same writ petition in the High court through the article 226 of the Indian constitution and this writ can be filed by any person without respect to the blood relation this writ can be filed by the third party too.
- MANDAMUS
Mandamus means ” we command ” mandamus is an order from a superior court to a lower court or a public authority to do his duty or to perform an act that falls within his duty, that means if any public servant was denied or if he was reckless to the work which he has to do to a citizen, then that citizen can file a mandamus writ in the court about the public servant who was reckless or refuses it to do the work, then the court will notice to the public servant to do the duty for the citizen.
- QUO-WARRANTO
Quo-Warranto means “by what authority” or “by what warrants” quo-Warranto is a writ issued to restrain a person from acting in a public office to which he was not entitled, by the help of this quo-Warranto writ the court will enquire into the legality claim of a person to a public office, that means if you are suitable for the one job given by any government but another person who selected for that job was not up to the qualifications given by the government then you can use this writ as the violation has happened.
- .PROHIBITION
The writ of prohibition means to stop or to forbid it is mainly known as a stay order, the return of prohibition is issued when a lower court or a body tries to do the work then the limits or powers it has, that means if a district court works more than its jurisdiction it has, then the high court will order the prohibition writ to the district court, if the high court does the work then the jurisdiction it has then the supreme court will order this prohibition writ to the high court that’s how the prohibition writ works.
- CERTIORARI
Certiorari means to be certified, the certiorari writ is given by the supreme court to some inferior court or to the tribunal to transfer the matter to it or to some other authority or superior authority for getting the proper consideration if the rights of an individual or affected then certiorari writ can be file against the administrative authorities also, in the prohibition writ it is a stay order to stop the proceedings but in this certiorari, writ the final judgment will come then the supreme court will take over the judgment that how the judgment has been made.
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening