SY

Surabhi YadavAIR 14· 1820

Question 8GS2GS2

Enumerate the various kinds of writs in the Indian judicial framework and state the remedial significance of writs.

Open scan (p.16)

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.

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Conclusion

It must be upheld in all situations and guarantee fundamental rights to individual on principles of constitutionalism.

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Topper

Surabhi Yadav

AIR 141820

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Judiciary

Writs in Indian Judicial Framework

Writing Stats

237

Total words

1

Paragraphs

analytical and constitutional

Tone