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Article 32 Remedies for enforcement of rights conferred by this Part

Borrowed from UK - Prerogative Rights

Article 32 is the Heart & Soul of Constitution - B. R. Ambedkar

(1) Move to Supreme Court

(2) Writs

(3) Parliament has conferred courts this power

(4) Except otherwise

 

1. Habeas Corpus - To have a body

Individual Authority against Authority of Detention

It is issued with against public to private authority

Habeas Corpus cannot be issued if:

The Court has send a person to jail for this:

(a) Lawful detention

(b) Proceedings with reference to Contempt of Court

(c) Where Court has detained

(d) Detention is outside Jurisdiction of Court.

 

2. Mandamus

"We Command" Court orders public official to perform duty

Writ can be issued against:

i. Public Body

ii. Corporations Statutory

iii. Inferior Body

iv. Tribunal

v. Government Organization.

 

Writ cannot be issued against:

(i) Private Individuals

(ii) Private Body

(iii) Corporations, non-statutory

Public Officers

(iv) President, Vice President, Governor

(v) Chief Justice of High Court (Sitting)

 

 

3. Prohibition

"To forbid, to stop"

- Prevented at an early stage

- So that they do not exceed jurisdiction

- Preventive

i. Judicial Bodies

ii. Quasi Judicial Bodies e.g. Tribunals

Cannot be issued against:

i. Legislative bodies

ii. Administrative bodies

iii. Private individuals

 

4. Certiorari

"to be certified", "to be notified"

Prevented on orders passed i.e. earlier stage

Senior court asks inferior court to check the judgment.

Preventive and curative

i. Judicial Bodies

ii. Quasi Judicial Bodies

iii. Administrative bodies

Ranjit Singh Vs. UT of Chandigarh, 1991

 

 

5. Quo Warranto

"by what authority?", "by what warrant"

Court asks public office

Only issued against public office - Statute constitution

Not issued against Private entity / Ministers

Note for LLB Entrance Examinations

Muslim Law

Muslim Law in brief

Nikah- Muslim Marriage Conditions

Talaq - Muslim Divorce Law

Hindu Law

Hindu Marriage Act in Brief

Hindu Adoption and Maintenance Act 1956

Hindu Minority and Guardianship Act 1956

Hindu Succession Act 1956 Notes

Special Marriage Act 1954 Notes

Historic Development of Law in India

Constitution of India

Preamble of the Constitution of India

Fundamental Rights in Constitution of India

Article 32 Remedies for enforcement of rights

Directive Principles of State Policy

Fundamental Duties

Executive, Judiciary, President, VP

Extent of Powers of Union, Supreme Court etc

State Judiciary, High Court, Lower Courts

Parliament, Council of states, house of people

Introduction and passing bills, budget etc

State Legislature, Composition, duration

Bills, Money Bill, Finance Bill, Proceedings

Emergency - National, State, Financial

EC, PSC, Finance, NCSC, NCST, NCBC

Non Constitutional Bodies, Niti ayog, NHRC etc

Panchayat, Municipality, Cooperative Societies

Important amendments to the Constitution

PIL - Public Interest Litigation, Judicial Review

Doctrine of Basic Structure in Constitution

Indian Citizenship law

Constitution of India Schedules and Provisions

Criminal Laws

Theft, Extortion, Robbery, Cheating etc

Tress Pass, Negligence, Nuisance, Defamation

Liability - Vicarious, Strict, Absolute Liability

Crime, Stages, Elements, General Exceptions

IPC Chapter, Provisions and Sections

Crime, origin, Elements, Stages  Exceptions

Indian Penal Code Sections and Description

Other Laws, International bodies etc

Law of Torts - Civil Tort, Criminal Tort

Contract Essentials valid, void, voidable

United Nations, UNGA, UNSC, ICJ, UN ECOSOC

List of International Bodies

Treaty, Convention, Protocol, Summit etc..

World Intellectual Property Organization

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