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Right To Constitutional Remedies

The document outlines the Right to Constitutional Remedies in India, detailing the fundamental rights enshrined in Articles 12 to 35 of the Indian Constitution and the legal remedies available for their protection. It explains the various writs, including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, which can be issued by the Supreme Court and High Courts to safeguard these rights. Additionally, it references the film 'Jai Bhim,' which highlights issues of police bias and state violence against marginalized communities.

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4 views18 pages

Right To Constitutional Remedies

The document outlines the Right to Constitutional Remedies in India, detailing the fundamental rights enshrined in Articles 12 to 35 of the Indian Constitution and the legal remedies available for their protection. It explains the various writs, including Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto, which can be issued by the Supreme Court and High Courts to safeguard these rights. Additionally, it references the film 'Jai Bhim,' which highlights issues of police bias and state violence against marginalized communities.

Uploaded by

gnaneshkatam0073
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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Right to

Constitutional
Remedies
•Habeas corpus,
•Mandamus,
•Prohibition,
•Certiorari and
•Quo Warranto
Protection for Fundamental
Rights
• Fundamental rights are the rights that grant
individuals equality in every aspect
irrespective of race, color, caste, religion,
birthplace, or gender.
• These rights are mentioned under Articles 12
to 35 of the Indian Constitution.
• There are pre-defined punishments in case of
violation of these rights at the discretion of
the judiciary.
Protection for Fundamental
Rights
• Part III of the Constitution provides for legal
remedies for the protection of these rights
against their violation by the State or other
institutions/individuals.
• It entitles the citizens of India to move the
Supreme Court or High Courts for the
enforcement of these rights.
• The State is forbidden from making any law
that may conflict with the Fundamental Rights
What is a Writ Petition?

•A writ petition is essentially a court petition for


extraordinary review, asking a court to
intervene in a lower court’s decision.
•Under the Indian legal system, jurisdiction to
issue ‘prerogative writs’ is given to the Supreme
Court and the High Courts of Judicature of all
Indian states.
•Parts of the law relating to writs are outlined in
the Constitution of India.
What is a Writ?
• Writs are written orders issued by the Supreme Court of
India to provide constitutional remedies to protect the
fundamental rights of citizens from a violation.
• Facts about writs in India
• Article 32 also empowers Parliament to authorize
any other court to issue these writs
• Before 1950, only the High Courts of Calcutta, Bombay, and
Madras had the power to issue the writs
• Article 226 empowers all the high courts of India to issue
the writs
• Writs of India are borrowed from English law where they
are known as ‘Prerogative writs’
Right to Constitutional
The
Remedies
right to constitutional remedy was created as one of the main
fundamental rights, because the constitution recognized the need to protect
the rights of the citizens. In case of any one of the fundamental rights being
deprived or denied to the resident of the country, the individual or the party
has the right to present their case in a court. In this case, the court has the
flexibility to assign writs to the public in the form of

•Habeas corpus,
•Mandamus,
•Prohibition,
•Certiorari and
•Quo Warranto

In the case of a national emergency, the government has the flexibility to


append the right of the citizen. According to Article 32, Indian citizens can
stand up and fight for their fundamental rights if they are breached.
1. Habeas
corpus
• A writ of Habeas corpus requires that a person under arrest
should be brought before a judge or court.
• The underlying principle behind the writ of Habeas Corpus
is that a prisoner should be released from unlawful
detention. It originated from the English Legal system and
has been adopted in many nations since.
• Another form of the writ known as the Great Writ is also a
complex order submitted to the court, which demands the
custodian or the keeper of the prisoner to provide sufficient
proof or documents in support of his or her authority of
keeping the prisoner.
Jai Bhim Movie
• The film deals with the subject of police bias
and state violence against a marginalized
community.
• Based on a true incident in 1993, which
involves a case fought by Justice K. Chandru,
• it revolves around the lives of Sengeni and
Rajakannu, a couple from the Irular tribe.
• Rajakannu was arrested by the police, and
was later missing from the police station.
• Sengeni seeks the help of an advocate
Chandru to seek justice for her husband.
2. Mandamus
• The Writ of Mandamus is another important
jurisdictional remedy in which an order is passed
on from a superior institution to a
supplementary, subordinate court or authority
that prohibits the court or government official
from performing a certain act under the nature
of statutory obligation.
• This is basically issued in the form of command to
either take a particular form of action or refrain
from doing it, and is backed with legal rights and
reasoning.
• Sohan Lal vs The Union Of India on 7 March, 1957
What is an example of a writ of
Mandamus?
• A writ of mandamus can be filed against
a court or a government official.
• For example, if a government official
does not release information that should
be made public, a writ of mandamus can
be filed, asking the court to compel the
official to release the information.
3. Prohibition
• Prohibition is a writ issued by the high
court or the Supreme Court to the local
courts to prevent them from proceeding
with a case which does not fall under its
jurisdiction.
• Brij Khandelwal vs Union Of India on 25
November, 1974
Chamarbaugwala v. Union
of India (1957):
• This case established that the
writ of prohibition can be
used to prevent a lower court
or tribunal from exceeding its
jurisdiction or from acting in a
manner that is contrary to the
rules of natural justice.
4. Certiorari
• Certiorari is a writ issued to lower
courts, when these courts have gone
beyond the scope of their
jurisdictions.

• Pankaj Kumar Ganguly And Ors. vs


Bank Of India And Ors
5. Quo
Warranto
• Quo Warranto writ is issued to a person who
has been wrongly appointed in the office of
authority.
• This obligates the accused of presenting
whatever evidence he or she has to the court
to support the reasons for occupying a
particular post.
• Amarendra Chandra vs Narendra Kumar Basu
And Ors. on 28 March, 1952
Professor & Lawyer
Puttu Guru Prasad

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