School of Law Vetha Philos 2023 24 Article 32 Constitutional Remedies and Writ Jurisdiction of S
Summary
TLDRThis 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.
Outlines
🎓 Introduction to Constitutional Remedies and Jurisdiction of Constitutional Courts
The lecture introduces the concept of constitutional remedies and the jurisdiction of constitutional courts, structured in two parts. The first part explains the jurisdiction of these courts, focusing on original and appellate jurisdiction. Original jurisdiction refers to a court's power to hear a case for the first time, whereas appellate jurisdiction involves revisiting decisions made by lower courts. In regular cases, higher courts only exercise appellate jurisdiction, but in matters of public importance or violation of fundamental rights, courts like the High Court and Supreme Court can exercise original jurisdiction, bypassing the lower courts.
⚖️ Jurisdiction under Articles 32 and 226
This paragraph delves into the original jurisdiction granted to the Supreme Court and High Courts under Articles 32 and 226 of the Indian Constitution. Article 32 allows the Supreme Court to enforce fundamental rights by issuing orders, directions, or writs. Similarly, Article 226 gives High Courts the power to issue similar writs, though with territorial limitations. While the Supreme Court exercises this jurisdiction throughout India, High Courts are restricted to their state territories. Importantly, High Courts can exercise jurisdiction not only for violations of fundamental rights but also for other public duties.
📜 Constitutional Remedies Available under Article 32 and 226
This section discusses the remedies available under Articles 32 and 226, including writs and non-writ remedies. Writs mentioned include habeas corpus, mandamus, quo warranto, certiorari, and prohibition. Habeas corpus is used to release someone unlawfully detained, mandamus compels public authorities to perform legal duties, quo warranto questions the authority of a public office holder, certiorari quashes illegal orders from lower courts, and prohibition prevents judicial bodies from exceeding their jurisdiction. Additionally, courts can issue non-writ remedies, such as declaratory remedies or forming committees, when appropriate.
🚨 Explanation of Habeas Corpus and Mandamus
The paragraph elaborates on the writ of habeas corpus, which ensures that a person unlawfully detained is brought before the court to assess the legality of their detention. Habeas corpus is typically used when procedural safeguards are violated. The writ of mandamus is then discussed, which directs public authorities to perform legal duties. Mandamus is only issued against public authorities when duties are mandatory, not discretionary. It is not applicable to private individuals, and the writ cannot be issued if there is an alternative remedy available under law.
🛡️ Quo Warranto and Certiorari Writs
This part covers two writs: quo warranto and certiorari. Quo warranto challenges a person’s authority to hold a public office, ensuring only qualified individuals occupy such positions. It applies to public offices created by law and excludes private offices. Certiorari is a curative writ issued by higher courts to correct illegal actions by lower courts or tribunals. It can be invoked when a lower court exceeds its jurisdiction or violates procedural laws. Certiorari is limited to judicial or quasi-judicial bodies.
🚫 Writ of Prohibition and Other Non-Writ Remedies
This paragraph explores the writ of prohibition, which is used to prevent lower courts or tribunals from acting outside their jurisdiction before they pass an order. It is similar to certiorari but differs in its timing, as certiorari applies after an order has been made. The discussion concludes with non-writ remedies, which allow courts to issue orders or directions beyond the named writs. These remedies can include declaratory judgments, forming committees, or conducting investigations, aimed at ensuring justice and enforcing rights.
Mindmap
Keywords
💡Jurisdiction
💡Original Jurisdiction
💡Appellate Jurisdiction
💡Writ Jurisdiction
💡Article 32
💡Article 226
💡Writ of Habeas Corpus
💡Writ of Mandamus
💡Writ of Certiorari
💡Writ of Prohibition
Highlights
Introduction to constitutional remedies and jurisdiction of constitutional courts, divided into original and appellate jurisdiction.
Original jurisdiction allows the Supreme Court and High Courts to hear cases directly, particularly in matters of fundamental rights violations.
Appellate jurisdiction refers to the power to review and revise decisions made by lower courts, ensuring correct interpretation of the law.
Under Article 32, the Supreme Court can issue writs to enforce fundamental rights, acting as a guardian of these rights.
Article 226 grants similar writ jurisdiction to High Courts, with the added capacity to address violations of not only fundamental rights but also other public duties.
High Courts’ writ jurisdiction under Article 226 is territorially limited but broader in scope compared to the Supreme Court, which requires a fundamental rights violation.
Writ petitions under Articles 32 and 226 include remedies like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Habeas corpus is used to release individuals unlawfully detained, ensuring protection against unlawful imprisonment.
Mandamus compels public authorities to perform a public legal duty, reinforcing accountability in public administration.
Quo warranto challenges the legality of a person’s claim to a public office, preventing unauthorized occupation of public positions.
Certiorari quashes orders made by lower courts or tribunals that act beyond their jurisdiction, correcting judicial errors.
Prohibition prevents lower courts or tribunals from exceeding their jurisdiction before an order is made, serving as a preemptive judicial measure.
Non-writ remedies include issuing orders or directions, allowing courts flexibility in enforcing rights beyond the scope of specific writs.
Courts have used non-writ remedies creatively, such as forming committees or ordering special investigations to enforce rights and duties.
The lecture provides a comprehensive understanding of the constitutional remedies available under Indian law, highlighting the role of the judiciary in safeguarding rights.
Transcripts
[Music]
greetings this lecture on constitutional
remedies and the jurisdiction of
constitutional courts is divided into
two parts firstly we'll have a look at
the jurisdiction of the Constitutional
courts through which they exercise the r
jurisdiction and secondly we will
understand the nature of constitutional
remedies which are available when the
court exercises the red jurisdiction
right moving to the first part which is
talking about the jurisdiction of
constitutional courts let's understand
what we mean by jurisdiction
jurisdiction is the power of the court
to hear a matter and order a remedy for
a wrong for the purpose of this lecture
we will talk about two kinds of
jurisdiction namely original
jurisdiction and appell jurisdiction
original jurisdiction is the power of
the court to hear a controversy or case
in the first instance whereas appell
jurisdiction is the power of the court
to decide with a controversy or case was
decided correctly by a lower Forum that
is in case of appet jurisdiction the
case has already been decided by a court
and this court is exercising revisional
or appellate jurisdiction while
exercising appellate jurisdiction the
court is concerned with whether the
lower Court's decision was right or
wrong usually a case or controversy
needs to be argued before the lowest
court of competence and you cannot
approach the high court and the Supreme
Court which exercise appell jurisdiction
this in essence means that in a regular
matter or case the high court and the
Supreme Court only exercise appell
jurisdiction but in certain cases of
public importance for instance in cases
of violation of fundamental right or
non-observance of public duties Etc the
typical rule of approaching the court of
lowest competence is done away with and
you can directly approach the high court
and the Supreme Court under their
original jurisdiction the Supreme Court
and the high court exercise this
original jurisdiction
which is also known as RIT jurisdiction
under the powers conferred on them by
the Constitution two Provisions which
confer this power are relevant for our
lecture namely article 32 which grants R
jurisdiction to the Supreme Court and
article 226 which grants red
jurisdiction to the high court we will
examine their language closely the first
two Clauses of article 32 are pertinent
and it reads as follows article 32
remedies for enforcement of Rights
conferred by the spa Clause one
the right to move the Supreme Court by
appropriate proceedings for the
enforcement of Rights conferred by this
part is guaranteed Clause two the
Supreme Court shall have the power to
issue directions or orders or rits
including rits in the nature of habus
corus mandamus prohibition qu warranto
and SAR whichever may be appropriate for
the enforcement of any of the rights
conferred by the spot from the bare
reading of the text it tells us two
things firstly the purpose of the
original jurisdiction is to enforce
fundamental rights fundamental rights as
you would have seen in the course are
rights guarantee to Citizens and persons
that governments cannot interfere in
Supreme Court is seen as the guardian of
fundamental rights and hence the typical
rule of having to approach the lowest
court is done away with and 32 allows a
citizen or person who believes that a
fundamental right is violated to
approach the Supreme Court directly
second for this purpose the court can
issue either directions or orders or
rits to guard fundamental rights the
court can issue any order or Direction
and can also issue rits we will look at
what these remedies are in the next part
of the lecture moving to article 226
Clause one reads as follows Clause one
not withstanding anything in article 32
every High Court shall have the power
throughout the territories in relation
to which it exercises jurisdiction to
issue to any person or authority
including in appropriate cases any
government within those territories
directions orders or rits including rits
in the nature of habus Copus mandamus
prohibition Quanto and cerar or any of
them for the enforcement of any of the
rights conferred by part three and for
any other
purpose again from the bare reading of
the text two things emerge first similar
R jurisdiction is granted to the high
courts with a territorial limitation
that is they concurrently exercise the
same Powers as the Supreme Court under
32 with one significant limitation which
is that they can exercise this power
only within the limits of the territory
of the state whereas the Supreme Court
exercises such power throughout the
territory of India second even though
the jurisdiction of the high court is
territorially limited the rich
jurisdiction of the high court is
broader because it can exercises R
jurisdiction for purposes other than
violation of part three that is
fundamental rights this means that for
the Supreme Court to exercise
jurisdiction under 32 an infraction of a
fundamental right is absolutely
essential whereas for the high court to
exercise jurisdiction under 226 it can
do so even if a fundamental right is not
violated so if there is an infraction of
a public duty that does not result in a
violation of a fundamental right the
high courts can remedy the Same by
exercising powers under article 226
petitions filed under in the these
quotes under article 32 and 226 are
referred to as RIT petition with this
understanding we move on to the second
part of the lecture which is the
Constitutional remedies available under
these
articles the second part of the lecture
is talking about constitutional remedies
the language of article 32 and 226
suggests that there are two types of
Remedies namely writ remedies which are
indicated by explicitly naming the fire
rits and second non-r remedies which are
indicated by the expression orders or
directions there are five Ritz remedies
which are mentioned both in 226 and 32
we will understand the technicalities of
each of them the first RIT that we're
looking at is the RIT of habus scopus
habos scopus literally translates to
have the body this RIT is used to
release a person who has been unlawfully
detained or imprisoned by virtue of this
R the court directs the person so
detained to be brought before it to
examine the legality of his detention if
the court concludes that the detention
was unlawful then it directs that the
person be released immediately this it
can be filed by the detained person
himself or his relatives or friends on
his behalf and this can be issued both
against public authorities and
individuals the usual circumstances in
which the court holds that the detention
is unlawful are as follows one it's
usually when a detention is made in
controver ition of procedural safe cards
for instance a person is required to be
produced before a magistrate within 24
hours of his arrest and if that is not
done then the detention becomes
unlawful second the person when he is
arrested for not violating any law in
force then the detention becomes
unlawful third when an arrest is made
under a law which in itself is
unconstitutional however a r of habus
scus cannnot be granted where a person
is arrested under an order for a from a
competent court and Prima when the order
does not appear to be wholly illegal or
without jurisdiction moving to the next
RIT that is named which is the RIT of
mandamus the RIT of mandamus literally
translates to V command it is issued by
a court to direct a public authority to
perform a public legal Duty which it has
not performed it is absolutely necessary
for a court to issue this R for it to be
a public duty and the respondent a
Public Authority this RIT cannot be
issued against a private individual or a
body further this RIT cannot be issued
in the following circumstances one when
the duty in question is discretionary or
not mandatory second when the
performance of a duty is a non-statutory
function third when the performance of a
Duty involves rights which are purely
private in nature then when such
Direction involves a violation of a law
such a r cannot be issued and lastly
when there is an alternative remedy
available under the law this rate cannot
be issued the the r of mandamus is
issued for keeping public authorities
within their jurisdiction while
exercising public functions the object
of the r of mandamus is to prevent
disorder emanating from failure of
justice that is required to be granted
in all cases where there is no specific
remedy established in law the next RIT
that we are looking at is the RIT of
Quanto Quanto literally translates to by
what Authority or by what warrant
through this RIT the court calls upon a
person person holding a public office to
show under what Authority he holds that
office if it is found that the person is
not entitled to hold that office he may
be oued from it its objective is to
prevent the assciation of public office
and it cannot be issued with respect to
a private office the RIT can be issued
only when the following conditions are
fulfilled one when the public office is
wrongly assumed by a private person two
when the office was created by the
Constitution or the law and the person
holding the office is not qualified to
hold the office under the Constitutional
law three when the term public office
must be of permanent nature lastly the
nature of Duties arising from that
office must be public in nature the next
RIT that is named in the constitution is
the RIT of sary which means to either
certify or quash sary is a Curative rate
when a court is of an opinion that a
lower court or tribunal has passed an
order which is beyond its power or
committed an error of law then through
the RIT of sary it may transfer the case
to itself or quash the order passed by
the lower court or tribunal this RIT can
be issued only against a Judicial or a
quasi judicial body the RIT of sary is
issued by the Supreme Court or the high
court to subordinate courts or tribunals
in the following circumstances one when
subordinate Court acts without
jurisdiction or by assuming jurisdiction
where it does not exist two where the
subordinate Court Acts in excess of its
jurisdiction by way of overstepping or
crossing the limits of the jurisdiction
three when a subordinate Court acts in
flagrant disregard of the laws or rules
of procedure four when a subordinate
Court acts in violation of principles of
natural Justice where there is no
procedure specified the last RIT that we
looking at is the RIT of
prohibition this is issued by a court to
prohibit the lower courts tribunals and
other quasi judici bodies from doing
something beyond their jurisdiction this
RIT is similar to the RIT of sary in
that it can be issued only against
judicial or quasi judicial bodies the
key difference between them however is
the stage at which the remedy can be
sought the RIT of sary is issued after
the authority makes an order and the RIT
of prohibition is used before an
authority makes an order in order to
prevent it from making any order the
start of the lecture we saw that there
are two types of Remedies we looked at
brief the five named rits which are
remedies available the other remedies
are covered under the expression orders
and directions right and these are also
known as non-r remedies so these
remedies are issued by the court when it
is necessary for enforcement of Rights
and the court is not constrained to
provide a remedy by issuing only one of
the named rits so the court has in many
occasion granted declaratory remedies
constituted committees to oversee
functioning of bodies audit special
investigation which are usually known as
non-re remedies thank
you
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