Enforcing Your Rights: Article 32, Writs & PIL
Flashcards covering Article 32, Article 226, and the five constitutional writs.
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Questions Covered in This Set
10 cards to master
What does Article 32 guarantee?
The right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights — itself a fundamental right.
Why did Ambedkar call Article 32 'the very soul of the Constitution'?
Because it converts Part III promises into enforceable claims — a right without a remedy is 'a mere declaration on paper'.
How does Article 226 differ from Article 32?
Article 226 empowers High Courts to issue writs for fundamental rights AND 'any other purpose' (legal rights generally), so it is wider; Article 32 covers only fundamental rights but lies directly to the Supreme Court.
What is habeas corpus, and who can file it?
An order to produce a detained person before the court and release them if detention is unlawful. Anyone can file it — not just the detainee — and it lies even against private persons.
When is mandamus available (and when not)?
It commands a public authority to perform a public duty it has refused to do (e.g. releasing a legally due pension). It does not lie against a purely private person, nor to compel a discretionary choice.
Distinguish prohibition from certiorari.
Prohibition stops a lower court/tribunal from continuing proceedings beyond its jurisdiction while the case is pending; certiorari quashes a decision already made (for lack of jurisdiction, breach of natural justice, or error of law on the record).
What did the 44th Amendment (1978) change about Article 32?
It ensured that Articles 20 and 21 remain enforceable even during an Emergency, correcting the ADM Jabalpur position.
What was ADM Jabalpur (1976) and what happened to it?
The Supreme Court held that even the right to life could not be enforced during Emergency; it was formally overruled in K.S. Puttaswamy (2017).
Your cousin is held in a police lock-up for three days with no magistrate's order — which writ and which article?
Habeas corpus, for violation of Article 22(2), filed under Article 32 (SC) or Article 226 (HC).
Why does the Supreme Court often send petitioners to the High Court first?
Because Article 226 is also a constitutional remedy and the High Court is closer to the facts.
