Article 32 of the Indian Constitution provides for the right to constitutional remedies, which allows citizens to move the Supreme Court of India for the enforcement of their fundamental rights guaranteed under Part III of the Constitution. The Supreme Court has the power to issue writs for the enforcement of fundamental rights, which are as follows:
- Habeas Corpus: This writ literally means “to have the body.” It is issued to produce a person who has been illegally detained or imprisoned and to set them free.
- Mandamus: This writ is issued to public officials or bodies to perform their legal duty, which they have failed to perform. For example, a citizen can approach the Supreme Court for a mandamus to direct the government to implement a law that has been passed by the parliament.
- Prohibition: This writ is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to the rules of natural justice. For example, a person can approach the Supreme Court for a writ of prohibition to prevent a lower court from hearing a case that is outside its jurisdiction.
- Certiorari: This writ is issued by a higher court to a lower court or tribunal to transfer a case pending before it to itself or to quash its order. For example, a person can approach the Supreme Court for a writ of certiorari to quash an order passed by a lower court that is not in accordance with the law.
- Quo Warranto: This writ is issued to question the authority of a person who holds a public office. It asks the person to show under what authority they hold the office. For example, a person can approach the Supreme Court for a writ of quo warranto to question the appointment of a person to a public office who is not qualified for it.
