Right to Constitutional Remedies (Article 32)
Article 32- Right to move the Supreme Court for the enforcement of fundamental rights including the writs of (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warranto.
- Habeas Corpus: It means “to have the body of”. This writ is used to enforce the fundamental right of individual liberty against unlawful detention against both private and public authorities.
- Mandamus: It means “We command”. This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. This writ is not available against private individuals.
- Prohibition: It means “We Forbid”. A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction. This writ is available only against judicial and quasi-judicial bodies.
- Certiorari: It means “To be Certified”. This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or squash their order in a case. It is used as both cure and prevention.
- Quo Warranto: It means “By What Authority”. Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.
Now let's see a question on this:
Q. What does the writ of ‘Mandamus’ mean?
- We Command
- By What Warrants
- To be Certified
- You May Have the Body
Answer: A
Solution:
• Mandamus is a Latin word, which means "We Command".
• It is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty.
• There are five types of Writs - Habeas Corpus (you may have the body), Mandamus (we command), Prohibition (stay order), Certiorari (to be certified) and Quo warranto (by what warrants).
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