Article 32: Writs

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Article 32: Writs

March 22, 2018 aricle 32 writs 1
Article 32: Writs 1

 

Article 32 of the Constitution :

1. There are four clauses in Article 32.

2. Under article 32 Supreme Court can issue 5 writs.

3. Clause (1) says that for the enforcement of right conferred by the part III of constitution we can approach Supreme Court under article 32.

4. Clause (2) talks about power of SC to issue writs, namely Habeas corpus, mandamus, prohibition, quo warranto, certiorari.

5. Clause (3) says that Parliament may make any law whuch gives power to any other court to exercise within local limits of its jurisdiction, the same power given to SC in clause (2).

6. Clause (4) talks about that these rights conferred to Supreme Court cannot be suspended unless provided for such suspension in the constitution. (Any provision available to suspend such rights must be given in constitution)

7. Same powers to issue writs is given to High Courts under article 226 of the Constitution.

Meaning of Writs:

1. Haebes Corpus It means to bring the body or to present the body. For instance, if somebody’s liberty is curtailed than this writ can be issued by SC.

Example- A is arrested by police, than its A’s right to present him before the nearest magistrate within 24 hours. Otherwise, Court can issue writ of haebes corpus.

2. Mandamus It means we command to do something.It simply means order from superior court to lower court or any authority to do something. Example- SC ordered Delhi government to make proper guidelines for pollution control, SC ordered Central Government to make guidelines related to family welfare, water pollution, etc. So here writ of mandamus is issued by SC.

3. Prohibition It means to forbid.

An order by Supreme court or High Court to lower court or tribunal, to prevent the latter to exceeding its jurisdiction.

Example- If any lower court exceeds its jurisdiction going beyond the power given to it in the statue than superior court can issue the writ of prohibition.

4. Quo warranto It means by what authority.It is issued by court to check legality of public office.

Example- If any Police officer conducts investigation on any person and there exist a doubt in the mind of supreme court than writ of quo warranto can be issued.

5. Certiorari- It means to be certified.This writ is issued by SC or HC to lower court to transfer the pending cases or quash orders of latter in any court on grounds of exceeding jurisdiction or error of laws.

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