Right to constitutional remedies

Article 32: Right to constitutional remedies

  • Most important part of the Fundamental Rights
  • Parliament can empower any other court to issue directions, orders and writs of all kinds
  • President can suspend the enforcement of Fundamental rights during a national emergency (article 359)
  • Article 32 can be invoked in only those cases where there is violation of FR



  • Before 1950, only high court of Bombay, Madras and Calcutta could issue writs.
  • Idea borrowed from British
  • Writ jurisdiction of Supreme Court is narrower
  • Territorial jurisdiction of SC is much greater than HC
  • SC is the defender and guarantor of fundamental rights


Habeas Corpus

  • Tool of individual liberty against arbitrary detention
  • Can be issued against both public and private individuals
  • The writ cannot be issued in following cases:
  1. Detention is lawful
  2. Proceedings is for contempt of legislature or court
  3. Detention is by a competent court
  4. Detention is outside court jurisdiction



  • Demanding a public official to perform a duty which he has failed to perform
  • Can be issued against an inferior court also
  • Cannot be issued against a private individual or body. To enforce departmental instruction that does not possess statutory force; when the duty is discretionary; to enforce a contractual obligation; against President of governor; against CJI of a high court acting in judicial capacity



  • It means ‘to forbid’
  • Issued by a higher court to a lower court
  • To prevent exceeding jurisdiction
  • Only against judicial and quasi-judicial bodies
  • Not available against administrative authorities, legislative bodies and private individuals or bodies



  • Much like above but it is curative as well
  • Available against administrative authorities as well



  • To adjudicate the legality of a claim of a person to public office
  • It can be issued against public office of substantive character
  • Cannot be issued against ministerial or private office
  • Any interested person can seek the application of this