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
Nikah- Muslim Marriage Conditions
Hindu Law
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
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
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