Question -
Answer -
The constitution of India grants the following Fundamental Rights to its citizens:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
damental rights are protected under the тАШRight to constitutional RemediesтАЩ (Article 32 and 226) by providing the writs of habeas corpus, mandamus, quo-warranto, prohibition and certiorari. The Supreme Court can declare the concerned law as unconstitutional and therefore non-operational. (Article 13). The power of judicial review of the Supreme Court on the ground that they violate the fundamental rights. Hence, judiciary is enabled to protect the constitution effectively and the rights of citizens as well. The practice of entertaining the Public Interest Litigation has also further added to the power of the judiciary in protecting the rights of citizens.
Various writs under Right to Constitutional Remedies:
Habeas Corpus:
- If somebody is taken into custody against the spirit of laws.
- The detainer is ordered to produce the detainee before the court.
Mandamus:
- Issued by Supreme Court to the lower court, official, etc.
- To protect the right of petitioner and to get duties done by authority against whom writ is issued.
Quo warranto:
- Issued to individual who has usurped a public office.
- Through the writ, the person is asked to hold the said office.
Prohibition:
- Issued by a higher court to a lower court.
- It is issued when either the lower court exercises the powers beyond its limitations.
Certiorari:
- Issued alongwith the writ of prohibition.
- A higher court orders a lower court to send the records concerned with a care therewith to the former.