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Article 32 deals with the 

'Right to Constitutional Remedies', or


affirms the right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred in Part III of
the Constitution. Part III of the Constitution contains the Article, as
well as other essential rights like equality, freedom of speech and
expression, life and personal liberty, and freedom of religion. A
person can only approach the Supreme Court directly under Article
32 if one of these fundamental rights is violated.

Writs are written orders issued by the Supreme Court of India to


provide constitutional remedies to protect the fundamental rights of
citizens from a violation.

Habeas corpus

The term ‘habeas corpus’ literally means ‘produce the body’. In this
context, it refers to a direction from a court to bring a person before
the court. If a person is illegally restrained and deprived of their
liberty, a writ petition for habeas corpus can be filed to ask the court
to secure their release. The court can issue the writ of habeas
corpus to any public authority having a person unlawfully in their
custody and order the authority to bring the person before the court.
In this manner, the court inquires into the circumstances of any
person’s detention and can give the necessary judgement against
unlawful restraint. The court can also issue the writ of habeas
corpus in cases of illegal inhuman treatment of prisoners.

For example : A has been taken into custody by B a police officer


without a warrant. All the efforts made by A’s family to know the
whereabouts of A turned out to be futile. As he was detained
wrongfully by B (police officer), the writ of habeas corpus can be filed
in court by A’s family on his behalf.

Mandamus

The court issues a writ of mandamus to order an authority to


perform their public duty as required by law. To get this remedy, it is
necessary to show that the public authority has a mandatory legal
duty and the petitioner has a legal right to enforce its performance.
However, people cannot file for a writ of mandamus against the
President of India or the Governor of a State, or officers in
legislatures. Before applying for mandamus, the petitioner should
have first approached the authority with a distinct demand which the
authority refuses to enforce.

For example, if, despite repeated complaints, a Municipal


Corporation refuses to perform its legal duty of supplying water to an
area, a person living in that area can file a mandamus  petition to
make the Corporation perform its duty. 

Certiorari

The writ of certiorari is applicable when someone with legal authority


and a judicial duty to make decisions affecting the  rights  of people,
exceeds their legal authority. The court can issue this remedy to
cancel the order of any lower judicial authority which has exceeded
its legal powers and made a decision despite not having the power to
do so.

For example, if an Industrial Tribunal delivers a judgement on a non-


industrial dispute without having the authority to do so, an aggrieved
person can approach the concerned High Court/Supreme Court with
a petition for certiorari  to cancel the Tribunal’s decision.

Prohibition

The court can issue the writ of prohibition to order any lower
court/tribunal to stop legal proceedings on a certain matter. This
remedy is used to restrain a lower judicial authority from exceeding
its legal authority and to confine lower courts/tribunals within their
judicial boundaries. Prohibition  can also be used in case a lower
judicial authority has not obeyed the rules of natural justice i.e., if the
authority shows bias or does not hear out both parties.

For example, if an Industrial Tribunal takes up a non-industrial


dispute without having the authority to judge the dispute, an
aggrieved person can approach the concerned High Court/Supreme
Court with a petition for prohibition  to stop the ongoing legal
proceedings before the Tribunal.      

Quo Warranto

The writ of quo warranto is a remedy which allows the court to ask
any person who holds a public office to prove their right to hold the
office. In case they don’t have the right to hold the public position,
they will be removed from that office by a judicial order. This remedy
controls the executive from making illegal appointments to a public
office, and protects citizens from people who illegally hold public
office depriving citizens of their rights. To claim quo warranto, a
petitioner has to show the court that the office is a public office and
that the person holding it has no legal authority to hold the office.
This will lead to an inquiry on whether their appointment has been
made legally.

For example, if someone feels that the Speaker of a Legislative


Assembly does not have the qualifications to hold this public office,
they can approach the  Court to issue a writ of quo warranto  to
inquire about the appointment.

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