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  • Jun 07, 2019
    Fundamental Rights are guaranteed and protected rights to enforce the fundamental rights itself is a fundamental right under the Constitution. Article 32 gives protection to fundamental rights: The Constitution guarantees the right to move to Supreme Court for the enforcement of fundamental rights. The Supreme Court has power to issue direction or to orders or writ including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari,whichever may be appropriate for the enforcement of any of the right conferred by this Article 32(2). Under Article 32(3) the power mentioned in Art 32(2) above can be exercised by any other court super powered by the Parliament.   Habeas Corpus This is a writ in the nature of an order calling upon the person who has detained another to produce him before the Court, in order to let the Court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment. In other words, by this writ the Court directs the person or authority that has detained another person to bring the body of the prisoner before the Court so that the Court may decide the validity, jurisdiction or justification of such detention.   Mandamus Mandamus means a command. It is an order issued by a court to a public authority asking it to perform a public duty imposed upon it by the Constitution or by any other law. A person whose right has been infringed may apply for a writ of mandamus.   Conditions for the issue of writ of mandamusinclude: The petitioner must have legal rights. Legal duty must have been imposed on the authority and the performance of the duty should be imperative. An application for mandamus must have been made in good faith and not for any ulterior motive.   Prohibition This writ can be issued against judicial or quasi-judicial authorities. when such authority exceeds its jurisdiction or tries to exercise jurisdiction not vested in it. A writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise.  Grounds for issue of writ of prohibition: Absence of jurisdiction Violation of natural justice Ultra vires or unconstitutional acts Infringement of fundamental rights   Certiorari This writ is issued to an inferior court or any other authority exercising judicial or quasi-judicial functions to investigate and decide the legality and validity of the orders passed by it. Certiorari means to certify. It is required that the Judges of the inferior court to certify the record of any manner in that Court and send it to the superior court for examination. The writ of Certiorari can be exercised when there is an error of jurisdiction, error apparent on face of ground or violation of natural justice. The following conditions have to be met: The judicial or quasi-judicial body must have legal authority; Such authority must be an authority to determine questions affecting rights of subjects; It must have duty to act judicially; and It must have acted in excess of its authority   Quo Warranto It means what is your authority or show your authority. By issuing this writ the person concerned is called upon to show the Court by what authority he holds the office or liberty. If the holder has no authority to hold the office he can be ousted from its enjoyment. The object of the quo-warrantois to control executive action in the matter of making appointment of public offices against the relevant statutory provision. Conditions that need to be fulfilled are- Nature of the office must be public The office must be of substantive characters The office must be statutory or constitutional The holder must have asserted his claim to the office In conclusion, one of the important and fundamental maxims of law that writs ensure is Ubi jus ibi remediumi.e wherever there is a right, there is a remedy.
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