School of Law Vetha Philos 2023 24 Article 32 Constitutional Remedies and Writ Jurisdiction of S

Summary

This lecture covers the jurisdiction of constitutional courts and the remedies they provide. It explains the difference between original and appellate jurisdiction, focusing on when the Supreme Court and High Courts can directly handle cases. It highlights Articles 32 and 226, which grant these courts the power to issue writs and orders to protect fundamental rights and other legal duties. The lecture also delves into five types of writs: habeas corpus, mandamus, quo warranto, certiorari, and prohibition, providing detailed explanations of their purposes and applications.

Takeaways

• 📜 Jurisdiction is the court's power to hear cases and offer remedies for wrongs, including original and appellate jurisdictions.
• ⚖️ Original jurisdiction allows courts to hear cases first, while appellate jurisdiction reviews decisions made by lower courts.
• 👩‍⚖️ The Supreme Court and High Courts in India have original jurisdiction in matters of fundamental rights under Article 32 and Article 226, respectively.
• 🚪 Under Article 32, individuals can directly approach the Supreme Court for the enforcement of their fundamental rights.
• 🏛️ Article 226 grants High Courts similar writ jurisdiction as the Supreme Court but with territorial limits and a broader scope for non-fundamental rights violations.
• 📜 Writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari are crucial constitutional remedies available under Article 32 and Article 226.
• 🛑 Habeas corpus ensures the release of unlawfully detained individuals, protecting personal liberty.
• ✍️ Mandamus compels public authorities to fulfill their public duties, ensuring accountability.
• ❓ Quo warranto challenges the legality of someone’s claim to a public office, preventing unlawful occupation.
• 🗒️ Non-writ remedies under the terms 'orders' and 'directions' give courts flexibility to enforce rights beyond traditional writs.

Q & A

What are the two main parts of the lecture on constitutional remedies and the jurisdiction of constitutional courts?

The lecture is divided into two parts: the jurisdiction of constitutional courts and the nature of constitutional remedies available when the courts exercise their jurisdiction.

What is meant by 'jurisdiction' in the context of constitutional courts?

'Jurisdiction' refers to the power of a court to hear a case and order a remedy for a wrong. In this lecture, the focus is on original jurisdiction and appellate jurisdiction.

What is the difference between original jurisdiction and appellate jurisdiction?

Original jurisdiction allows a court to hear a case for the first time, while appellate jurisdiction allows a higher court to review a decision made by a lower court.

Under what circumstances can the Supreme Court and High Courts exercise their original jurisdiction?

The Supreme Court and High Courts can exercise their original jurisdiction in cases of public importance, such as violations of fundamental rights or non-observance of public duties, without following the typical rule of approaching the lowest court first.

What are the key constitutional provisions that grant writ jurisdiction to the Supreme Court and High Courts?

Article 32 grants writ jurisdiction to the Supreme Court, while Article 226 grants writ jurisdiction to the High Courts. These provisions allow the courts to issue writs to protect fundamental rights.

What is the significance of Article 32 in the context of constitutional remedies?

Article 32 guarantees the right to approach the Supreme Court for the enforcement of fundamental rights. It allows the court to issue orders, directions, or writs to protect these rights.

How does Article 226 differ from Article 32 in terms of jurisdiction and scope?

Article 226 grants similar writ jurisdiction to High Courts, but with a territorial limitation, meaning they can only exercise jurisdiction within their state. However, High Courts can also issue writs for purposes beyond fundamental rights, unlike the Supreme Court under Article 32.

What are the five types of writs mentioned in Articles 32 and 226?

The five types of writs are Habeas Corpus, Mandamus, Quo Warranto, Certiorari, and Prohibition.

What is the purpose of the writ of Habeas Corpus?

The writ of Habeas Corpus is used to release a person who has been unlawfully detained. The court examines the legality of the detention, and if found unlawful, the person must be released immediately.

How does the writ of Prohibition differ from the writ of Certiorari?

The writ of Prohibition is issued to prevent a lower court or tribunal from acting beyond its jurisdiction before an order is made, while the writ of Certiorari is issued after an order has been made to correct or quash the unlawful decision.