Right to constitutional remedies: Article 32 is known by Dr. Ambedkar as the "spirit of the Constitution and its exceptional heart." It has been included in the basic regulation of systems by the Preeminent Court. It is further explained that, with the exception of the Constitution, the right of going to the Supreme Court cannot be suspended. This means that this right has been revoked under article 359 in the midst of a national crisis. According to Article 32, the Supreme Court is the guarantor and underwriter of significant rights. In addition, the power to issue judgments comes under the original jurisdiction of the Supreme Court. This means that a person will approach SC directly for a cure as opposed to by appeal. Article 32 can be used only for the purpose of obtaining the remedy for fundamental rights provided for in Article 12-35. There is no other civil right for which there are various laws applicable.
What's Writ:A precept in writing, couched in the form of a letter, in the name of the sovereign, president, or state, issued by a court of justice and sealed with its seal, addressed to a sheriff or other law enforcement officer, or directly addressed to the person whose action the court wishes to order, either as the initiation of a litigation or other proceeding or as an incidental to its advancement, and requiring the prosecution of a person whose action the court wishes to order.
Constitutional Philosophy of Written Jurisdiction: A person whose privilege is infringed by an arbitrary administrative action (Fundamental Right) can approach the Court for an effective remedy. Article 32(2) of the Indian Constitution provides: "The Supreme Court shall have the ability to issue bearings or requests or writs, incorporating writs into the concept of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whatever may be appropriate, for the requirement of any of the rights conferred by this Part." Article 32 is a constitutional right directly under the Constitution's Part III. Under this Article, the Supreme Court is entitled to loosen the Locus Standi's customary standard and encourage the general society to intrigue the case in the name of litigation in the public interest (PIL).
Comparative review of Articles 32 & 226: Article 32 is not to be invoked on grounds of violation of the individual right of the agreement (contract) and is not to be invoked on grounds of outstanding issues which are fit for transfer under other rules. ,On the other hand, Article 226(1) of the Constitution of India states, "Notwithstanding any of the provisions of Article 32, any High Court shall have jurisdiction, throughout the territories in respect of which it exercises jurisdiction, to grant to any person or body, including, where appropriate, to any Government, within those territories, directions, orders or writings, including those relating to habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose."
Types of writs:
Habeas Corpus: Significance: This plea is in the form of an order requiring the person who arrested another person to bring the latter before the Court in order to let the Court know on what basis he was imprisoned and to release him if there is no legal reason for the imprisonment. In Rudul Shah v. State of Bihar, a new dimension was introduced to judicial activism and a range of important questions were posed, such as the State's responsibility to pay for unlawful detention, the feasibility of seeking compensation from the State pursuant to Article 32 for wrongful deprivation of fundamental rights, the Supreme Court's ownership of passing an order for compensation on a petition for habeas corpus compliance.
Mandamus: "It is used for the enforcement of various public rights or to compel the public statutory authorities to discharge their duties and to act within the limits, meaning: "A writ issued by a court to compel the execution of a specific act by the lower court or a government officer or entity, to correct a previous action or failure to act. When there is a wrongful use of authority or a failure to perform duties, it can be used to do justice. The law of Locus Standi: is strictly observed when issuing mandamus writings. The applicant must show that, in his favor, he has the right to impose public service. "The mandamus is "neither a writ of course nor a writ of law, but that it may be issued if the obligation is in the nature of public service and if there is no more suitable solution, it particularly affects the right of a person.
Prohibition: Meaning: A writ of prohibition is given to a lower court or entity to avoid acting outside its authority, often known as a 'stay order'. Intention: The basic purpose is to ensure that the authority of a lower court or tribunal is duly exercised and that the jurisdiction it does not have is not usurped by it. Therefore, during the pending proceedings and before the order is made, a written prohibition is available. The principle: Prohibition is a precautionary rule. 'Prevention is easier than cure' is the concept behind this.
Certiorari: Meaning: The certiorari's order given to quash a ruling after the decision is made by a lower court, the prohibition being issued prior to the conclusion of the proceedings. It has always been the rule that a certiorari is issued against actions or proceedings of a judicial or quasi-judicial entity which has authority to decide matters concerning the rights of subjects and which is obliged to act judicially. The purpose: not only is the writing of certiorari negative in the sense that it is used to quash an action, but it also involves affirmative action. In nature, it is preventive as well as curative. Where glaring inequality demands affirmative action, the power of judicial review is not limited.
Quo Warranto: Meaning: The writ of Quo Warranto (under what warrant) is issued for the purpose of investigating the lawfulness of a public office argument by an individual or authority to which he or she is not entitled. The writ of Quo Warranto is a form of judicial regulation in the sense that the conduct of the administrative authority appointing the person is reviewed by the proceedings. The writ is given to the person who ousts him from holding a public role to which he has no right. It is used to prosecute the civil right to a public role. Accordingly, in cases of the usurpation of a public office and the expulsion of such a usurper, the writ is used. In comparison, it prohibits people from being stripped of the public office to which they may be entitled. Any individual may file a petition for the writ of Quo Warranto, although he is not an aggrieved individual.
PIL in India has taken on a multidimensional aspect in the hands of the Supreme Court. A passage was granted to the deep-rooted, ill-disposed system. With the advent of legal advocacy, letters, paper papers, dissensions by open-minded individuals, packages of social action conveying to the Court's notice about the violation of major rights were handled as written petitions and additional relief of pay was permitted by written jurisdiction. Incredible forces, with prompt effect, are given to the subjects in Article 32. In addition, when PILs are registered, the writs are usually summoned against the state and are issued. However, the Written Jurisdictions presented by the Constitution have privilege controls and are optional in nature, but in their breaking points they are unbounded. In any event, carefulness is exercised on the basis of legitimate criteria. Therefore, the Judiciary is obviously entrusted with enormous powers to regulate a managerial operation when it invades the subjects' fundamental rights or when it goes beyond our nation's soul of Grundnorm, i.e., the Constitution of India. It guarantees the rule of law and adequate regulation and equalization between our voting-based framework's three organs. In our constitutional structures, the reasonableness of writs is very much synchronized to ensure that national rights are not smothered by a self-assertive authoritative or judicial operation.