How Many Writs Can the Supreme Court of India Issue under Article 32?

The Supreme Court of India, under Article 32 of the Indian Constitution, has the power to issue writs to enforce fundamental rights, ensuring that the rights of citizens are not infringed by the state or any government entity. This article delves into the number, types, and scope of these writs, providing a comprehensive understanding of the Supreme Court's role in safeguarding constitutional rights.

What is a Writ?

A writ is a formal written command in the name of a court or legal authority, requiring a person or entity to act or abstain from acting in a particular manner. Writs play a crucial role in providing remedies to aggrieved individuals and overseeing the functioning of government authorities.

Provision for Writs by Supreme Court

The Supreme Court's jurisdiction to issue writs is clearly defined under Part III, Article 32 of the Indian Constitution. This provision is integral to the fundamental rights of citizens, ensuring that the Supreme Court can intervene when any party breaches fundamental rights.

Application of Writs under Article 32

Under Article 32, writs are applied to safeguard fundamental rights. The Supreme Court can issue writs against government bodies and entities if they violate compulsory rights, rather than issuing writs against private individuals. However, the jurisdiction of the Supreme Court is limited to the breach of fundamental rights. Article 32 can be suspended during a state of emergency, as decided by the President.

Types of Writs under Article 32

Habeas Corpus

?bē??s ?k?rpi?s

Habeas corpus is a writ that commands the detention of a person to be brought before a court. It is issued to secure the body of a person who has been imprisoned and to obtain knowledge of the reason for detention. This writ cannot be issued in several scenarios, such as when the person is detained outside the court's jurisdiction or is imprisoned by a court on a criminal charge.

Mandamus

m?n??dam?s

Mandamus compels a public or quasi-public authority to perform a specific action based on a legal duty. It is a discretionary remedy, issued when a public officer or government has violated a person's fundamental rights. Mandamus cannot be granted against the president or governors or private individuals.

Prohibition

pr?b??dkeley?s

Prohibition is a writ that prevents a lower court from exceeding its jurisdiction. It is used to ensure that lower courts do not issue orders that are beyond their legal authority. Prohibition commands inactivity against judicial or quasi-judicial authorities to prevent them from making unlawful orders.

Certiorari

ser?sē??rārē

Certiorari is similar to prohibition but is used to quash an illegal order, rather than merely forbidding the order from being executed. It can be issued after an order has been made, not before. This writ can also be issued against administrative bodies, especially when a decision is based on an error of law.

Quo Warranto

kwō ?w?r?ntō

Quo warranto is a writ to challenge the legality of a person holding a public office. It is used to ensure that only qualified individuals hold public offices as per statutory provisions. Quo warranto can be denied if the proceeding is vexatious.

Conclusion

The Supreme Court of India is often referred to as the 'guardian of fundamental rights.' It cannot deny relief based on the grounds that an aggrieved person may have a remedy elsewhere, that disputed facts need to be investigated, that the wrong writ was applied, or that the aggrieved party did not have a locus standi (a genuine interest in the matter). Public Interest Litigation (PIL) is an exception to this rule, allowing any person to advocate for the public's interest.

The Supreme Court can issue writs in various scenarios, not limited by sector or specific issue, making it a powerful tool for citizens to seek justice and protect their fundamental rights.