The purpose of Article 32 is to provide guarantees for the protection of Fundamental Rights, to make them effective and accessible. Let us tell you that only the fundamental rights have been guaranteed under this, not other rights. Writ petition is used to protect the fundamental rights.
New Delhi. The citizens of India have got many rights under the Indian Constitution. We can see the rights which are given to us according to the Indian Constitution in two ways. First are Fundamental Rights or Fundamental Rights and second are legal rights. Unlike normal legal rights, Fundamental Rights have been guaranteed and protected by the Constitution of the country.
If our fundamental rights are violated by any rule or law made by the government, then we can directly approach the High Court or Supreme Court under Article 32 of the Constitution. In this situation, a writ is issued by the Supreme Court or the High Court. Today we will understand in detail about this writ petition that how we can protect our fundamental rights through this.
Right of Writ in the Constitution
Before understanding the writ petition, let us tell you that the provision of Fundamental Rights has been made under Article 12 to 32 in Part 3 of the Constitution. We have been given 6 types of fundamental rights in the constitution. One of these rights is the right to constitutional remedies ie Constitutional Remedy.
You can also understand the importance of this right in such a way that Babasaheb Bhim Rao Ambedkar, who played an important role in the making of the constitution, also described Article 32 as the most important article of the constitution - “An article without which the constitution is meaningless, it is the soul of the constitution. And there are hearts."
The purpose of Article 32 is to provide guarantees for the protection of Fundamental Rights, to make them effective and accessible. Let us tell you that only the fundamental rights have been guaranteed under this, not other rights.
Power of Supreme Court and High Court
By the Constitution of India, the Supreme Court and the High Court are empowered to issue articles, directions and orders to protect the rights. Supreme Court can issue writs under Article 32 and High Courts under Article 226.
It is also important to know here that the powers of the Supreme Court and the High Court are also different in the matter of writ. The writ jurisdiction of the Supreme Court extends to the whole of India, whereas the writ jurisdiction of the High Court extends only to the extent of the state concerned.
The Supreme Court can issue writs only in the case of violation of fundamental rights, whereas the High Court can issue writs in respect of matters other than fundamental rights. The Supreme Court can issue a writ of prohibition and abetment against the High Court, but the High Court cannot do so against the Supreme Court.
The Supreme Court cannot refuse to hear the writ filed under Article 32 while the acceptance of the writ by the High Court under Article 226 is not constitutionally mandated.
Interestingly, the writ powers of the High Court are much broader in terms of sphere of influence. For example, the Supreme Court can issue writs only for the protection of fundamental rights, while the High Court can also issue writs for the protection of other statutory rights. There are mainly 5 types of writs.
Habeas Corpus or Habeas Corpus
Under the habeas corpus, the court issues an order to produce any arrested person before the judge and asks the reason for his detention. If the judge is not satisfied with the reasons for his detention, he can also issue an order to release him.
mandamus or mandamus
Mandamus writ or Mandamus writ. By this, the court orders the officer to do that work which is under his jurisdiction.
Writ Prohibition Writ or Prohibition Writ
This writ can be issued against any judicial or quasi-judicial body, through which the court prevents any judicial or quasi-judicial body from acting outside its jurisdiction.
The main object of a writ of prohibition is to prevent a subordinate court from encroaching upon its jurisdiction. Please tell that it is not used against the legislature, executive or any private person or private institution.
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