Friday, 28 January 2022

Constitutional Remedies to Protect Fundamental Rights

 Constitutional remedies to protect fundamental rights

The right to get constitutional remedies to give citizens the right to appear in Supreme Court and High Court to get the fundamental rights restored in case they are violated In the constitution of India article 12 to 35 states the fundamental rights of people of India. There are  four articles in the Indian constitution which protects the fundamental rights of people. They are as follows-

Article 13: This Article provides for the Judicial review. Articles 13 states that the laws whether pre- constitutional or post- constitutional, if against the fundamental rights they will be treated as invalid. 

Article 359: The Article 359 provides that fundamental rights can not be denied to the citizens of India except in any emergency ( National Emergency, State Emergency, and Financial Emergency). 

Article 32 & 226:  Provides for the writs. Article 32 deals with the constitution remedies and provides the right to move to the Supreme Court. Article 226 provides for the right to move to the High Court in violation of any fundamental rights. Article 32 is itself a fundamental right. Article 32 & Article 226 provides for five types of Writs to protect the fundamental rights given under the constitution ( Article  12 to 35). They are as follows-

  • Habeas Corpus – It is a Latin phrase, it means ‘ to have to body’. If a person is illegally detained then the relatives of the person can file a writ petition before the Supreme Court or the High Court to release the person. When a writ of habeas corpus Is fired before the court, the court questions though authority on what grounds the person is detained. If the grounds are found unreasonable then the detention is ends.

  • Mandamus- It is a Latin term. It means ‘ we command'. By the Writ of Mandamus every public institutions can be commanded to follow their Public Duty. To file a writ of Mandamus the public duty should be there.

  • Prohibition- The writ of Prohibition means ‘To Forbids. Prohibition is used until the lower court has announced its judgement. The writ of Prohibition stops a Court to give judgement, when the court don’t have jurisdiction to decide any case.

  • Certiorari- It is also a Latin term. The writ of Certiorari is almost similar to the writ of Prohibition. The word Certiorari means ‘to be certified’ . After filing the writ of Certiorari the Supreme Court and High Court can order the lower courts to submit their decision so that the High Court and the Supreme Court can review the judgement to see whether there is lack of Jurisdiction, or excess of Jurisdiction, or unconstitutional Jurisdiction or if there is any violation of natural justice. If any of such things happen the judgement will be quashed.

  • Quo- warranto- The writ of Quo- Warranto means ‘ by what authority’. In this writ the courts can question any public officer that by what authority the public officer is holding the office. And if the title of the officer proved defective then he have to vacate the public office. 

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