Scriptures and Article 32 of the Constitution: Declared
In this article, the author has explained the meaning of Article 32 of the Constitution in the context of various scriptures using various precedents
Article 32 The Indian Constitution provides the right to constitutional remedies. This gives individuals in India the opportunity to file an application with the Supreme Court in the event of a violation of their fundamental rights. The article specifically provides five scriptures in India that can be issued by the Apex Court. It contains Habeas corpus, Mandamus, Ban, Quo Warranto and Certiorari.
Types of fonts
Habeas corpus literally means “you shall have the body”. If a person is arrested, they should be brought to justice within 24 hours. In the opposite case, habeas corpus is used. This letter can be used by the arrested person or someone else on their behalf to verify the legality of the arrest.
ADM Jabalpur v. Shiv Kant Shukla, also known as the habeas corpus case, has been filed with the Supreme Court of India. The court ruled that the habeas corpus letter could not be invoked in an emergency under Article 359. However, this has been repealed in the case of KS Puttaswamy versus Union of India.
In case of Sunil Batra v. Delhi AdministrationThe court ruled that the habeas corpus can be issued not only when a person is illegally detained, but also to protect prisoners from inhuman treatment.
The meaning of “mandamus” is “we command”. These Writing is issued by a court to an inferior court or government official to properly perform their official duties. According to Black’s Law Dictionary, 9th Edition, mandamus is defined as “a letter issued by a court to compel a lower court or government official or agency to perform a particular act in order to correct a previous act or omission . ”For example, although a police officer has the right to investigate any case under his or her jurisdiction, if the court is informed that it was done maliciously, the court may issue a mandamus. However, this cannot be issued against the President and Governors.
in the Raman & Raman versus State of MadrasThe Supreme Court ruled that mandamus can only be issued if the petitioner has a legal right that leads to compliance with a legal obligation.
In case of State of Madhya Pradesh v. Bhailal BhaiThe court ruled that a mandamus deed cannot be issued if the petition is late on filing.
Further SP Gupta versus Union of India and CG Govindan versus State of GujaratThe court that Mandamus wrote cannot be brought against the president or the governor.
The prohibition is a letter from the higher court to the subordinate courts or the court-like institution if they exceed the authority assigned to them or exceed their jurisdiction. This can simply be referred to as a “residence order”. This letter prohibits the inferior court from continuing the judicial process. The reason for passing this letter is to ensure that the inferior courts are properly exercising their jurisdiction. This can be issued in the case of Violation of the principles of natural justice or basic rights too.
In case of East India Commercial Co. Ltd v Collector of CustomsThe Supreme Court issued a prohibition order to prevent Customs from continuing the investigation because it was not competent.
in the S. Govinda Menon v Union of IndiaThe court ruled that the issuance of the prohibition letter is not only limited to the violation of jurisdiction or the lack of jurisdiction, but also in the event of a deviation from the rules of natural justice.
Quo Warranto means “by which warrant or which authority”. If a person holds public office and it is determined that they are not eligible to hold that office, the Quo Warranto is issued. This office should be public and substantive.
in the Jamalpur Arya Samaj v. DR. D. RamThe court ruled that the Quo Warranto letter cannot be issued if the office is private and not public.
In case of PL Lakhanpal v. Ajit Nath Ra |y, the court ruled not to issue the Quo Warranto against the Chief Justice of India as he can be reappointed due to the seniority rule.
in the Purushottam Lal v. State of Rajasthan & Dr. YS Rajasekara Reddy v. Nara Chandrababu Naidu & OrsThe court ruled that the Prime Minister cannot be ousted quo Warranto because he was duly elected by the people.
Certiorari means “to certify or to be ensured”. This letter is issued by the higher court to the lower court or public authority after reviewing the legality of the proceedings. If the proceedings are found to be unlawful, the order of the courts, quasi-judicial body or public authorities will be overturned.
In case of Nagendra Nath Bora v Commissioner of Hills (1958) the court ruled that “mere formal or technical errors” could not be a sufficient reason for issuing the Certiorari letter.
in the Surya Dev Rai v. Ram Chander Rai & OrsThe court explained the deed of certiorari and its scope. The court emphasized that jurisdiction could only be exercised against an inferior court.
Article 32 gives individuals the power to appeal to the Supreme Court in the event of a violation of their fundamental rights. It is said that for the same reason Heart and soul of the constitution.
What are fonts?
A write is a formal written order from a court empowered to make such an order.
What are the types of fonts?
There are five Types of Write These are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition
Can a PIL be a Writ?
Yes, PILs are interpreted as writ.