Enumerate the various kinds of writs in the Indian judicial framework and state the remedial significance of writs.
Introduction
Article 32 of the Indian constitution entrust the Supreme Court of India to protect the Fundamental Right through writs. In addition, Article 226 also empowers High court to issue writs.
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Main Body
Various kinds of writs in Indian Judicial Framework includes - (1) Habeas Corpus: 'present the body'. The SC can ask to present the person against wrongful detention. (2) Mandamus: 'we command'. Issued by court to public official to perform his duties properly. (3) Prohibition: 'forbid'. By higher court to lower court to prevent the excess of jurisdiction. (4) Certiorari: 'to be informed'. It prohibits as well as transfer the case from the
lower court to the higher court. (5) Quo Warrant: 'by what authority'. Court inquires by what authority a person exercises his claim to public office. It can be issued by any interested person. Remedial significance of writs: (1) Justice to the aggrieved. (2) Protect the Fundamental Rights. (3) Ensures Article 29 A fulfillment. (4) Supreme court cannot refuse to issue the writs - thus guaranteed displeasing of the case. Dr. B.R. Ambedkar has said that Article 32 is the most important article and is the soul of the constitution. SC has also declared it as a basic feature of the constitution. It must be upheld in all situations and guarantee fundamental rights to individual on principles of constitutionalism.
Conclusion
It must be upheld in all situations and guarantee fundamental rights to individual on principles of constitutionalism.
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Surabhi Yadav
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Writs in Indian Judicial Framework
237
Total words
1
Paragraphs
analytical and constitutional
Tone