5 Types of Writs | Constitutional Remedies | Article 32 and Article 226

Summary

In this video, Priya explains the five key writs in Indian law, designed to protect fundamental rights. She begins by discussing the importance of safeguarding rights, referencing Articles 32 and 226 of the Constitution. Priya then delves into each writ: Habeas Corpus (for illegal detention), Mandamus (to command public duty), Certiorari (to review lower court decisions), Prohibition (to prevent illegal judgments), and Quo Warranto (to question the authority of public officers). Through relevant case studies and clear examples, Priya offers a concise yet detailed understanding of these vital legal tools for defending one's rights.

Takeaways

• 😀 **Writs are constitutional remedies** for protecting Fundamental Rights (FRs) in India, ensuring they are safeguarded under the Constitution.
• 😀 **Article 32** provides the right to directly approach the Supreme Court for the violation of FRs, while **Article 226** allows approaching the High Court for broader legal purposes.
• 😀 **The Supreme Court is known as the 'Protector & Guarantor' of FRs** due to its power to issue writs under Article 32.
• 😀 **Habeas Corpus** is the most powerful writ, used to demand the release of someone who is illegally detained by the state.
• 😀 **Mandamus** allows citizens to compel public officials to perform their duties when they refuse to do so, such as in cases of non-performance of legal duties.
• 😀 **Certiorari** enables the higher courts to review and potentially quash illegal judgments made by lower courts or tribunals.
• 😀 **Prohibition** is a preventive writ, stopping a lower court or tribunal from delivering an illegal judgment before it happens.
• 😀 **Quo Warranto** allows the courts to question an individual's authority to hold a public office if they are serving without the proper qualification or legitimacy.
• 😀 **Writs under Article 32 are limited to the protection of FRs**, while writs under Article 226 can be issued for a broader range of purposes, including administrative and legal matters.
• 😀 **Article 32 is a Fundamental Right** in itself, and anyone whose FR is violated can approach the Supreme Court directly without first going through the High Court.

Q & A

What is the significance of Article 32 and Article 226 in the Constitution of India?

Article 32 and Article 226 provide individuals with the right to approach the courts (Supreme Court and High Courts, respectively) for the protection of their Fundamental Rights. Article 32 is a fundamental right, while Article 226 allows writs for a broader range of purposes beyond just Fundamental Rights.

What are writs in the context of Indian law, and why are they important?

Writs are legal remedies issued by courts to protect individuals' rights and ensure the enforcement of laws. They are important because they allow individuals to seek justice and uphold their rights, particularly when fundamental rights are violated.

What is the primary difference between the writ powers under Article 32 and Article 226?

The primary difference is that the writ powers under Article 32 are limited to the protection of Fundamental Rights, while Article 226 allows writs for broader purposes, including matters beyond Fundamental Rights, such as administrative issues.

What are the five types of writs mentioned in the video?

The five types of writs are Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. These writs are used to protect rights and ensure lawful conduct by authorities.

How does the Writ of Habeas Corpus function, and when can it be used?

The Writ of Habeas Corpus is used to secure the release of an individual who is unlawfully detained. It can be filed by the detainee or their relatives to question the legality of the detention.

Can the Writ of Habeas Corpus be used in all detention cases?

No, the Writ of Habeas Corpus cannot be used in cases where detention is under lawful authority, such as during emergencies, or if the person is detained based on a law that grants such detention powers.

What is the Writ of Mandamus, and in what situation is it typically used?

The Writ of Mandamus, meaning 'We Command,' is used to direct a public official or body to perform their legal duty. It can be issued when a public authority fails to fulfill its public duty.

What is the difference between the Writ of Certiorari and the Writ of Prohibition?

The Writ of Certiorari is used to quash an illegal or unjust judgment already passed by a lower court, while the Writ of Prohibition is used to prevent a lower court from passing an illegal judgment before it happens.

How does the Writ of Quo Warranto work, and who can use it?

The Writ of Quo Warranto, meaning 'By what authority,' is used to challenge the authority of a person holding a public office without valid authority. It can be used by any individual to question the legitimacy of a public officer's appointment.

What case exemplified the use of the Writ of Habeas Corpus, and what was the outcome?

The case of Rudul Shah v. State of Bihar is a key example, where the Writ of Habeas Corpus was used to secure the release of a man who had been unlawfully detained for 14 years after completing his sentence. The court not only ordered his release but also awarded exemplary damages.