Article 32: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
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
Part III of the Constitution provides for legal remedies for the protection of these rights against their violation by the State or other institutions/individuals. It entitles the citizens of India to move the Supreme Court or High Courts for the enforcement of these rights. The State is forbidden from making any law that may be in conflict with the Fundamentals Rights.
What is a Writ?
Writs are written order issued by the Supreme Court of India to provide constitutional remedies in order to protect the fundamental rights of citizens from a violation.
Facts about writs in India
Article 32 also empowers Parliament to authorize any other court to issue these writs
Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs
Article 226 empowers all the high courts of India to issue the writs
Writs of India are borrowed from English law where they are known as ‘Prerogative writs’.
What is a Writ Petition?
A writ petition is essentially a court petition for extraordinary review, asking a court to intervene in a lower court’s decision. Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law relating to writs are set forth in the Constitution of India.
The types of writs are:
Habeas Corpus
Certiorari
Prohibition
Mandamus
Quo Warranto
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