Article 32. ~~ Constitution of India Se"If | was asked to name any particular article in this Constitution as the most important, an article without which this Constitution would be a nullity, | could not refer to any other article except this icle 32). It is the very f the Constitution and the ver ” - Dr. B.R. AmbedkarArticle 32 (2) JIE ue 32. Remedies for enforcement of rights conferred by this ape (1) The right to move the Supreme Court by appro riate proceedings for the enforcement of the rights conferred by this, art is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs. including writs in the nature of hal , jandamus, prohibition, quo waranto and certiorari. whichever may be apf 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 causes (2) and (2), Parliament may by aw empower any other court to exercise within the local limits of its jurisdiction all or any ofthe powers exercisable bythe Supreme Court under clause (2). _-(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. vale «caeDifference between writ jurisdiction of Supreme court (32) and High Court (226) * Remedy under Article 32 is in itself a fundamental right so SC cannot refuse to exercise writ jurisdiction, it has to consider the petition but remedy under Article 226 is discretionary. * Under Art.32 SC can issue writs only for the enforcement of fundamen rights but under Art.226 HC can issue writs for enforcement of FR’s and also for any other purposei Difference between writ jurisdiction of The Writs e Habeas corpus Mandamus Quo Warranto Prohibition Certiorari yoPenNnrpi Difference between writ jurisdiction of Habeas corpus» Means (let us have the body" > This writ can be issued against public authority and also against individual: 2e(z)— 20H X 2 x 4 SDifference pee? writ jurisdiction of Habeas corpus Means “Let us have the body" This writ can be issued against public authority and also against individual. This writ cannot be issued in the cases where (a) Detention is lawful (b) Detained for contempt of court or legislature | (c) Detained by a competent court, (d) If outside the territorial jurisdiction of courtDifference between writ jurisdiction of Mandamus Means "We Command“ Mandamus is an order from a superior court to a lower court, tribunal or public authority to perform an act, which falls within its duty, it is issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is the discretionary power of a court to issue such writs. Means "by what warrants?” or "by what authority” It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. The writ of quo warranto is used to prevent illegal assumption of any 6 62 tae —Difference between writ jurisdiction of ee Writ of prohibition means to forbid or to stop and it is SS popularly known as 'Stay Order’. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. Itis a writ issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ, proceedings in the lower court etc. come to a stop Certiorari — f+ Coralie, 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. If rights of Individiial are Sfortod than Partinrartwirit ran Be fillod soxinct¥ ‘Protector and Guarantor of Fundamental Rights'uy #Union of India v. Paul Manickamges See Ps ee) art Eee) S THE JURISDICTION OF THE COURT Pe 282 Be ea 2 eaTaf #Rudul Sha v. State of Bihar ‘AIR 1983 SC 1086Chay Stet; #Gujarat State Financi AIR 1983 SC 848 > mimo ae«at#Gullapalli Nageswara Rao v. APSRTC 1959 AIR 308 1959 > immo a#A.K. KRAIPAK v. UNION OF INDIA AIR 1970 SC 150(Y fohi F Rewent IC “fo fecdbid’