Lecture No.4 | Kinds of Writs Under Article 32 | Dr.P.V.Saravanaraja | AOR | Supreme Court of India

[@shinuhbl]

Very nice explanation by Dr.P.V.Saravanaraj Sir. Hats off to him. Though I am not advocate, as a citizen I could understand it very cleary.

[@srikantrath5507]

Encouraging

[@civilvinoths1987]

Excellent explanation on writs and its kinds Article 32 clause 1&2 explained With the case laws bandhua mukti mocha , daryoo v state of up *letter to be treated as writ petition Habeous corpus Explained with (Sunil batra v delhi administration ) Justice VR Krishnaih Justice R.S Pathak Justice O. Chinnappa Reddy If prisoner traumatized the soul of constitution suffers. By Justice Krishnaih Mandamus- Order or command by the superior authority to the inferior authority Explained with the example: Lisencing authority is to provide license if they demand bribe (violation of Art 14) They can file the writ of Mandamus Prohibition- Means forbid or stop(stay order) Pertition be transferred to concerned court supreme court or High Court. Example: Quasi judicial authorities- customs. Certiorari: Means to be certified / informed. This writ is issued by higher authority by Supreme Court or High Court to lower authority or Tribunal. -Transfer any pending case to High court / Supreme Court - Quash if any order passed. For both the writs a one landmark case was given as an example that is *Emmanuel Raja v Union of India Quo-Warranto- Claimed by any person of he satisfy that office in question. Explained with the case law Gambhirdan K Gandhi v State of Gujarat and others. It was a wonderful video Your service to the society for helping AOR aspirats is very nice sir After looking into the videos and your explanation even we aspire to become an AOR one day Thank you sir 🙏🏻

[@gauravshukla1713]

This video helps me alot to clear my concept of writs jurisdiction and also to distinguish betwen articke 226 and article 32Thqnkyou soo much sir for providimg such informative video

[@NanditaRani-l8d]

Thank you sir for the insightful vedio. I found it really helpfull in clearing my concept and understandings of writs. The best part i liked about the vedio was why 32 if we already have 226 since i was once Asked this question in a competition. Cases discussed: 1. A.L. Chandrakumar Case 2. Romesh Thappar v. State of Mad 3. Charles Sobraj v. Central Jail. 4. Daryo v. State of UP 5. Bandhuwa Mukti Morcha case Art 32(2), provides for remedial measures in case of violation of fundamental rights. A) Habeus Corpus: - production of body of the person Illegally detained - by his wife/father/mother - locus standi diluted -right flows from Art.21 Case: Sunil Batra II v. Delhi Administration 1980 B) Mandamus: 'to command' - by superior authority i.e SC/HC -to inferior courts/public authority - to do the statutory duty and not to act under void laws - type= positive and negative commands Conditions: 1. Violation of FR 2. Violated by the public authority C) Prohibition - to prohibit/ to stop/ stay order - by superior courts i.e. Sc/HC - to subordinate courts Conditions 1. Violation of procedure established by law 2. Exceeding jurisdiction 3. Patent illegality D) certiorari - to be certified/ informed - by higher court to subordinate court - for transferring the case or quashing the order already passed due to patent illegality. Unlike prohibition certiorari is a cure and is used in cases where the orders are already passed by the lower court in question. Case: Emaneual Raja v. UOI E) Quo Warranto - by what authority - claimed by any person against public office Case: Jambhirdhan k. Gandhi v. State of Guj 2022

[@chetnabhati8292]

Article 32 of the Indian constitution is crucial because it provides a direct and accessible mechanism to protect the rights of citizens, ensuring that the promises of the Constitution are not just theoretical but are enforceable. Article 32 of the Indian Constitution also,empowers citizens to seek justice if their fundamental rights are violated. It allows them to approach the Supreme Court directly through writs, which are orders that can be issued to enforce rights. * Writs under Article 32: 1. Habeas Corpus: "Produce the body" - This is used to release a person who has been unlawfully detained. For instance if a person is arrested without cause, their family or any person known can file for Habeas Corpus to have them released. 2. Mandamus: "We command" - compels a public official to perform their duty. 3. Prohibition: Orders a lower court to stop proceeding in a case where it has no jurisdiction. 4. Certiorari: Transfers a case from a lower court to a higher court or quashes the order of the lower court if it acted beyond its authority. 5. Quo Warranto: "By what authority" - challenges a person's right to hold a public office. If someone is appointed to a position unlawfully, a writ of Quo Warranto can challenge that appointment. To have in depth understanding of writs than this video is more than enough.

[@nishachoudhary9393]

Highlights of this lecture series ✨ Article 32 of the Indian Constitution is a fundamental right that allows citizens to move directly to the Supreme Court to seek enforcement of their rights when they are violated. This article, described as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar, grants the Supreme Court the power to issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto to enforce these rights. It plays a crucial role in protecting the fundamental rights guaranteed by the Constitution. Article 32(1) is discussed in a detailed manner that is right to move to supreme court. Who has the right to move to supreme court? Any person, citizen , children, company can move to supreme court. Mode or way to reach? Through 'appropriate proceedings' In case of Bandhua mukti morcha case, there is a liberal interpretation of the word appropriate proceedings. In this court held that by way of letter also the person can reach to the court. Court stated that "form is not important, justice is important". Under Article 32(2) , the Supreme Court can issue various types of writs to enforce the rights guaranteed by Part III of the Constitution. These writs are Habeas Corpus: This writ is used to protect an individual's right to personal liberty. It is issued to produce a person who has been detained unlawfully before the court and to ensure their release if the detention is found to be illegal. Under this charles sobhraj case was discussed wherein court held that "whenever the fundamental rights are violated courts may break the prison wall, and iron bar, to restore rule of law. Mandamus: This writ is a command issued by the court to a public official, lower court, or government body to perform a duty that they are legally obligated to complete. It ensures that the authority is not acting arbitrarily and is fulfilling its responsibilities. Prohibition: This writ is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting contrary to the law. It effectively stops the lower court from continuing proceedings that are outside its legal powers. Certiorari: Similar to the writ of prohibition, certiorari is issued by a higher court to a lower court or tribunal. However, it is typically used to transfer a case to the higher court for review or to quash the lower court's order if it is found to be illegal or without jurisdiction Quo Warranto: This writ is issued to challenge the legality of a person's claim to a public office. It requires the individual to show by what authority they occupy the position, ensuring that no one holds a public office unlawfully Article 32 provides a powerful tool for individuals to protect their fundamental rights, ensuring that they have direct access to the Supreme Court for redressal when those rights are violated. This lecture was very informative and I appreciate the clear explanation of it.

[@VishalSingh-lu2nv]

Article 32 of the Constitution of India guarantees the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of their fundamental rights. Under Article 32, the Supreme Court can issue five types of writs: 1. Habeas Corpus: This writ is used to release a person who has been unlawfully detained or imprisoned. The term "Habeas Corpus" literally means "to have the body." It ensures that a person's right to life and liberty is protected against illegal detention. 2. Mandamus: Mandamus means "we command." This writ is issued by the court to a public official, lower court, or government body to perform a duty that they are legally obligated to perform but have failed to do. 3. Prohibition: This writ is issued by a higher court to a lower court or tribunal, directing it to stop proceedings in a case where it does not have jurisdiction or is acting beyond its jurisdiction. 4. Certiorari: The writ of certiorari is issued by a higher court to a lower court or tribunal either to transfer a case to itself or to quash the order of the lower court if it finds that the lower court has acted beyond its jurisdiction or violated the principles of natural justice. 5. Quo Warranto: This writ is issued to challenge the legality of a person’s claim to a public office. The court inquires into the legality of the claim and decides whether the individual has the right to hold that office. These writs are fundamental tools in the enforcement of fundamental rights, providing individuals with direct access to the Supreme Court for protection against violations. Regards. Thankyou sir for such wonderful session.

[@indrajanagaraj3643]

Video started with reciting the preamble of the Constitution 1) with A Chandra Kumar case(7 judges bench) -Supreme Court held that Art 32 and Art 226 of the Indian Constitution are the basic structure of Indian Constitution. - It cannot be taken away by Art 368 where in this article parliament has power to make amendments in the constitution but still they cannot disturb the basic structure of the constitution. 2)Scope of Art 32 Ramesh Thaper v State of Madras - Objection taken by the advocate general with respect to the maintainability of the Art 32 - Preliminary submission was made that he can approach High court under Art 226 why burden Supreme Court under Art 32 in case of infringement of Fundamental Rights. *Supreme court held that we are custodian of Indian Constitution, we are the protectors of the Fundamental Rights. We should not step aside by stating there is an alternative ground of Art 226. Then explained about the different kinds of writs 1)Habeas corpus Land mark case: (Sunil Batra v Delhi Administration) 2) Mandamus 3)Prohibition 4)Certiorari Land mark case for all the 3 writs is (Emmanuel Raja v Union of India ) 5)Quo-warranto Land mark case : (Gambhirdan K Gadhvi V state of gujarat.) Thank you sir for the insightful session it was very informative and the example you shared about the case Emmanuel raja your personal experience on it was really helpful.

[@priyankapati500]

My learning from the lecture follows: 1. Article 32 & 226 are the basic structure of the constitution referred in L chandra kumar case. 2.TYPES OF WRITS -Habeous corpus reference Sunil Batra II v/s Delhi administration -mandamus means command … Who commands? Superior authority ie supreme To whom? Inferior authority I.e lower courts,government officials,agencies etc -Prohibition means to forbid (stay order) against any judicial authority,qusi judicial like custom officials or tax officers. -certiorari means to certify or to be informed by higher authority I.e S.C Scope of certiorari is any judicial body acted beyond its jurisdiction which is vested upon them acts without Any authority or is unable to act properly. Grounds of certiorari: a) where there is want or excessive jurisdiction b) violation of procedure or disrecords the principles of natural justice -difference b/w prohibition & certiorari Case pending before the lower court writ of prohibition is applied whereas if the order is already passed by the authorities and should be called for the records the writ of certiorari is applied. Hence Prohibition = short prevention but not cure certiorari = cure Case law reference for all the three writs I.e Mandamus,Prohibition & certiorari : Emmanuel Raja v/s U.O.I -Quo warranto means claimed by any person if he satisfies that the office in question is a public office. If it is held by a person without any legal authority. Reference: Gambir Dan k Gandhi v/s state of Gujarat and ors.

[@shubhamkaurav1992]

This video provides a clear and concise explanation of writ jurisdiction, covering key writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto.It's an excellent resource for law students and professionals alike, making complex legal concepts more accessible. Great work!"

[@c.p.rajeswaranadvocate1622]

Method of presentation excellent

[@Guru_43]

Kindly make more videos like this

[@dhanapalktdhanu7906]

ഹര ഹര മഹാദേവ ഭഗവാൻ പറയുന്നു ഭക്തൻ എന്താണോ ആഗ്രഹിക്കുന്നത് അത് ഭഗവാൻ സാധിപ്പിച്ചു തരും അപ്പോൾ രാജ്യത്ത് മാറ്റം കൊണ്ട് വരാൻ ഭഗവാൻ ആഗ്രഹിക്കുന്നു അപ്പോൾ ആണ് അംശാവതാരം ഉണ്ടാവും അതുകൊണ്ടാണ് ഞാൻ നിയമം ഉണ്ടാക്കുന്നവർക് ഓരോന്നും എഴുതി ഇടുന്നത്