Legal Remedies for Safeguarding Fundamental Rights
- Both the Supreme Court and High Court have the power to issue writs with a view to ensuring quicker justice and early relief to persons whose rights are violated.
- There are five such writs.
Habeas Corpus:
- Literally means a demand to produce the person in the body.
- It applies in cases where a person is alleged to have been illegally detained.
- This writ safeguards the personal liberty of every individual.
Mandamus
- Mandamus is a command to act lawfully and to resist an unlawful act, It is meant to direct any authority to perform its legal duty.
- Mandamus may be issued against any authority, Officers, Government or even judicial bodies that tail or refuse to perform a public duty and discharge a legal obligation.
Prohibition
- Prohibition is issued by a higher Court to a lower court or tribunal for prohibiting it from exceeding its jurisdiction.
- Writ of Prohibition is issued only against a judicial or quasi-judicial body.
Certiorari
- Certiorari too lies against judicial or quasi-judicial authorities, and it means ‘to be informed.
- The writ of certiorari is issued to quash illegal orders of judicial or quasi-judicial bodies
Quo – Warranto
- Quo – Warranto is a question asking ‘with what authority or warrant.
- This is meant to ascertain the legal position in regard to the claim of a person to hold a public office.
- Besides these writs, the High Court under Article 226 may issue other directions and orders in the interests of justice to the people.