Introduction: Article 32 of the Constitution of India mentions about the five kinds of writs available. It falls within the Fundamental Rights which ranges from Articles 14 to 35 of the Constitution of India. Article 32 acts as a spirit and heart of the Constitution. Article 32 establishes the Supreme Court as the protector and insurer of fundamental rights. Furthermore, the Apex Court has original jurisdiction over the power to issue writs. This means that rather than appealing, a person can approach SC directly for a remedy.
Article 32 can only be utilized to seek redress for violations of Article 12-35’s fundamental rights. It isn’t there for any other legal right that is protected by a variety of laws.
What is a Writ?: A precept in writing, enclosed in the form of a letter, rendered 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 officer, or directly to the person whose action the court wishes to direct, either as the start of a suit or as an incident or incidental to its advancement, and requesting that the court take the action. The following are the names and details of the many separate writs:
- The old English legal system. Instrument A letter or a power of attorney in the form of a document. This is a very old way of interpreting the word.
- In old books, “writ” meant “activity,” hence writings were generally separated into three categories: real, personal, and mixed.
- A written instrument, such as a deed, bond, or contract, in Nova Scotian law.
Constitutional Philosophy of Writ Jurisdiction: A person whose privilege (basic right) has been violated by arbitrary administrative action might seek effective redress in court. The Supreme Court has the power to issue writs or petitions, to insert writs into the ideas of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, as applicable, in order to claim any of the rights given by this Part, according to Article 32(2) of the Indian Constitution. Part III of the Constitution contains Article 32, which is a fundamental right. The Supreme Court has the authority under this Article to relax the traditional Locus Standi test and to invite the general public to become involved in the case in the name of public interest litigation (PIL).
Different Types of Writs: Following are the kinds of writs:
- Habeas Corpus: This is how an order works. This is a written order that invites someone who has been imprisoned to appear before the Tribunal in order to notify the Court of the reason for the incarceration and to have the individual released if there is no legal basis for the custody.
- Mandamus: A court order compelling a lower court or a government officer or body to undertake a specific act or correct a previous action or omission to act. It is used to exercise different public rights or to compel public officials to carry out their responsibilities and function within the confines of the law. If power is abused or duties are refused, it can be used to bring about justice.
- Certiorary: The certiorari writ is used to overturn a decision made by a lower court after it has been issued, whereas the prohibition is imposed before the procedures are completed. The law has always had the authority to adjudicate matters of subject rights and to take judicial action in response to acts or procedures of a judicial or quasi-judicial agency.
- Quo Warranto: The Quo Warranto letter (by what authority) is used to investigate the legitimacy of a claim made by someone or something that isn’t authorised to function in a public office. The Quo Warranto letter is a type of judicial oversight that looks at the acts of the administrative entity that employed the individual.
- Prohibition: A prohibition order, often known as a’stay order,’ is granted to a subordinate court or entity to prevent it from acting outside its authority.
Conclusion: The Supreme Court of India’s PIL has taken on a multifaceted nature. The deeply embedded and disorganised system has been passed on. With the introduction of legal advocacy, letters, papers, dissensions by open, active individuals, and social action organisations forwarded to the Court in regard to infringements of major rights were treated as writ petitions, and writ jurisdiction also permitted for monetary remedy.
In Article 32, the subjects are granted incredible powers with immediate effect. Furthermore, when PILs are registered, writs are frequently issued against the state and are summoned. The Constitutional Writ Jurisdictions, on the other hand, contain privilege restrictions and are voluntary in nature, but they are boundless in their grounds of departure.
