“

INJUSTICE ANYWHERE IS A
THREAT TO JUSTICE
EVERYWHERE
”
MARTIN LUTHER KING JR.
 OVERVIE
W 32 AND 226
• INTRODUCTION OF ARTICLE
• TYPE OF WRITS
a) WRIT OF HABEAS CORPUS AND ITS SCOPE
b) WRIT OF MANDAMUS AND ITS GROUNDS
c) WRIT OF PROHIBITION
d) WRIT OF CERTOTARI

• CONCLUSION
ROLE OF JUDICIARY IN DEMOCRACY
Constitution envisages a strong, independent, impartial and well-
organized judiciary.

Prevents the arbitrary use of governmental authority.

Safeguards the rights and liberties of citizens.

Guardian of the constitution.

ARTICLE 32 AND
226 Syndicate Group
80
 ARTICLE
32

“ The very soul of the constitution and

the very heart of it.”
 ARTICLE
32
• Article 32( 1) Guarantee to remedy
• Article 32(2) Power of supreme court to issue writs
• Article 32(3) Power of parliament to confer the power
to issue writs to other courts
• Article32(4)Suspension of Fundamental Rights.
 ARTICLE
226
Power of High Courts to issue any person or
authority, including in appropriate case any
Government, directions, orders or writs, for the
enforcement of any of the rights conferred by
Part III and for “any other purpose.”
 BASIC DIFFERENCE BETWEEN THE TWO

ARTICLE 32 ARTICLE 226

FUNDAMENTAL RIGHT CONSTITUTIONAL RIGHT
CAN BE SUSPENDED DURING CANNOT BE SUSPENDED
EMERGENCY
LIMITED SCOPE WIDER SCOPE
JURISDICTION ALL OVER INDIA CONCERNED STATE
 SENTINEL ON QUI VIVE

In simple terms, enforcement of the Article 32 and 226 is done with the help
five prerogative Writs

Writ of Writ of Writ of Writ of Q u o Writ of

Habeas Certiorar Mandamu Warranto Prohibitio
Corpus i s n
-> R e l e a s e o f p e r s o n from
illegal detention.

- > L e g a l i t y of d e t e n t i o n .
 Scop
e
• It is in the nature of an order calling upon the person
who has detained another to produce the latter
before the court
• To know on what ground he has been detained
• To set him free if there is no legal justification for the
imprisonment
 Increasing Scope of Habeas Corpus
• Kanu Sanyal v. District Magistrate
the court may examine the legality of the detention without requiring the
person
detained to be produced before it
• Sheela Barse v. State of Maharashtra
if the detained person is unable to pray for the writ of habeas corpus,
someone else may pray for such writ on his behalf.
• Nilabati Behera v. State of Orissa
The petitioner was awarded compensation of Rs. 1, 50, 000.
MANDAMUS
 Grounds for Writ of
Mandamus
The Writ can granted against a public authority if
• Acted against the law
• Exceeded his limits of power
• Acted with mala fides
• Did not apply his mind
• Abused his discretionary powers
• Did not take into account relevant
consideration
• Has taken into account irrelevant consideration
 Case
Laws
• Hemendra v Gauhati University :
Mandamus was issued to direct a University to announce that the
petitioner has passed where, University had refused so to declare though
the petitioner had obtained the pass marks required by the statutory rules of
the University.
• Barada Kanta v State of West Bengal
Writ of Mandamus cannot be issued against an individual person or
any private organization because they are not entrusted with a public duty.
 Writ of
Prohibition
• It is to forbid or to stop called as “Stay Order”
• Issued in cases where is excess of Jurisdiction and where
there is absence of Jurisdiction.
• When the proceedings are pending in the court.
• Issued by both SC and HC’s to any inferior court or
Quasi- Judicial Body but not against legislative or
administrative body.
 Writ of Certiorari
• It means “To be Certified”
• Both preventive and curative.
• Issued by SC and HC’s for quashing the order of any inferior court, tribunal or
Quasi-Judicial body.
• Propositions laid in issuing this writ by the High Court in Hari Vishnu
Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233)
1. It is issued to correct the errors of Jurisdiction.
2. When court or tribunal acts illegal in its jurisdiction.
3. Order against principles of natural justice.
4. Court acts in exercise of its supervisory and not appellate Jurisdiction.
5. An error in the decision or determination itself may also be amenable to a writ of Certiorari.
 Case
Laws
• Nagendra Nath Bora & Anr. Vs. Commissioner of Hills
Division and Appeals, Assam & Ors., (1958) SCR 1240,
the parameters for the exercise of jurisdiction.
1. Check whether inferior court has exceeded its jurisdiction.
2. Mere formal and technical errors doesn’t attract this.
 Writ of Quo-Warranto
• It means “what is your authority”.
• Issued to restrain a person from holding a public office.
• Conditions:
1. Public office created by a statue
2. Person to be appointed by a statue or statutory instrument.
• Illustrations:
a) Subramanian Swamy petition against Jayalalitha in 2001. Two PIL’s against
her appointment.
b) Manohar Reddy vs Union of India: two advocates filed a petition quashing the
appointment of a Judge of a HC of AP and a writ is in the nature of Mandamus
commanding the Bar Council of AP to cancel the enrollment as an advocate N
V Ramana.
 Conclusio
• This widest amplitude given to the fundamental rights is most welcome.
•
n
By enlarging the scope of Article 32 and 226, judiciary has brought justice and
revolutionized constitutional jurisprudence
• Makes the Constitution a living, dynamic document
Type of Writ Meaning of the word Purpose of issue
To release a person who has
been detained unlawfully
• Types of writs in brief :- Habeas Corpus You may have the body
whether in prison or in private
custody.
To secure the performance of
Mandamus We Command public duties by lower court,
tribunal or public authority.
To quash the order already
passed by an inferior court,
Certiorari To be certified
tribunal or quasi judicial
authority.

To prohibit an inferior court

from continuing the
Prohibition - proceedings in a particular case
where it has no jurisdiction to
try.
To restrain a person from
Quo Warranto What is your authority? holding a public office which he
is not entitled.
JUSTICE CONSISTS NOT IN BEING NEUTRAL
BETWEEN RIGHT AND WRONG, BUT IN
FINDING OUT THE RIGHT AND UPHOLDING
IT WHEREVER FOUND, AGAINST THE
WRONG.
THEODORE ROOSEVELT

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