Dr.

Priyanka Mohod
 Article 32 of the Constitution of India gives citizens the right to approach the
Supreme Court for the enforcement of their fundamental rights
 Right to approach the Supreme Court
 Citizens can directly approach the Supreme Court if they believe their
fundamental rights have been violated.
 Supreme Court's powers
 The Supreme Court can issue orders, directions, or writs to enforce
fundamental rights. These writs include habeas corpus, mandamus,
prohibition, quo warranto, and certiorari.
 Parliament's powers
 Parliament can empower other courts to issue orders, directions, or writs.
 Suspension of rights
 The rights guaranteed by Article 32 cannot be suspended except as
otherwise provided for by the Constitution.
 Dr. B.R. Ambedkar considered Article 32 to be the heart and soul of the
Indian Constitution.
 Writ of Certiorari
 Latin word- Inform, information
 The SC of HC to any Constitutional, statutory
and non-statutory body ask the records of
the proceeding with them for scrutiny
 Quash actions which are administrative in
nature
 Grounds-
 1. Lack of Jurisdiction
 If the authority improperly constituted
 If the authority is incompetent to take action
 If the law is unconstitutional
 Budh Prakash Jai Prakash V. S.T.O.-
This case illustrated lack of jurisdiction
where the subject matter was outside
it’s scope.
 2. Excess of Jurisdiction- Authority has
jurisdiction but it exceeds its permitted limits.
 J.K. Choudhuri V. R.K. Dutta Gupta- The
court issued certiorari to quash the decision on
the ground of excess of jurisdiction, because
the jurisdiction of the University under Section
21 (9) of the Gauhati University Act was
confined to teachers and did not extend to
a case where the person holds the office of
principal.
 3. Abuse of Jurisdiction-
 Improper purpose, extraneous
consideration, bad faith.
 4. Violation of the Principle of
Natural Justice-
 Rule against bias
 Rule of Audi alteram partem
 Maneka Gandhi V. Union of India
 Writ of Prohibition
 Issued by the SC or HC to any Constitutional, statutory or non-
statutory agency to prevent these agencies from continuing
their proceedings.
 Difference between Certiorari and Prohibition
 Prohibition issued when proceedings are in progress and
forbid the authority from continuing the proceeding, while
certiorari issued when the proceedings have terminated and
authority has given a final decision
 Grounds-
 Lack of Jurisdiction
 Excess of Jurisdiction
 Violation of Principle of Natural Justice
 Fraud etc.
 Contravention of the law of land
 In the case, Hari Vishnu v. Syed Ahmed
Ishaque (1955) The verdict, in this case,
distinguished between certiorari
and prohibition writs and said that
when the lower court issues a
decision, the petitioner must file a
certiorari petition since prohibition
writs can only be submitted when
judgment has not yet been given.
 Writ of Mandamus
 Command or order- To do or forbear to do some
specific act.
 To direct a public official or authority to
perform a duty they are legally bound to perform.
 It is consider as a residuary remedy.
 Conditions for grant of Mandamus-
 1. There must be public or legal duty-
 Mani Jain V. State of Haryana- A person can be
said to be aggrieved only when he is denied a
legal right by someone who has a legal duty
to do something and abstains from doing it.
 2. There must be a specific demand
and refusal-
 Grounds- Same which Certiorari and
Prohibition can be issued
 Anil Biswas V. Commissioner- The
court does not interfere with the
exercise of administrative discretion
for example refusal to renew the license, it
will do if here has been an illegal
exercise of discretion.
 State of J and K V. A. Z. Zakki- no
court can mandate a legislative
body to enact or not enact a law
which it may be competent to enact.
 Writ of Quo Warranto
 By what warrant or authority.
 Prevent the person who has wrongly
usurped an office from continuing in that effect.
 Discretionary remedy
 The writ is not applicable to office of private
nature
 Conditions-
 1. Office must be a public office- public
have an interest
 2. Public Office must be substantive in
nature- Permanent in character or
independent
 3. The person must be in a actual
possession of the office-
 4. The office must be held in
contravention of Law-
 If adequate alternate remedy is
available then this writ refused by the
court.
 Writ of Habeas Corpus
 This writ provides immediate relief in
case of unlawful detention.
 You must have the body- what ground
the person is confined
 Issued by the SC or HC by which a person
who is confined by any public or private
agency may secure his release.
 Writ of habeas corpus can be filed by any
person on behalf of the person
detained or by the detained person himself.
 Kanu Sanyal V. District Magistrate
Darjeeling- Bhagwati J held that the
production of the body of the
person wrongfully detained is
ancillary to the main purpose of the
writ in securing the liberty of the
person illegally detained
 Purpose-
 Securing the custody of minor
 Securing the custody of lunatic
 Securing the custody of a marriage
partner
 Testing the regularity of detention by the
executive during Emergency, etc.
Constitution and Writ of Habeas Corpus

 ADM Jabalpur V. Shivakant Shukla-