In this article you will learn about the Judicial Writs in Political Science.
Judicial Writs
A judicial writ is a written order issued by a court or other judicial body commanding an individual or organization to perform a specific action or to refrain from performing a certain action. Judicial writs are often used to enforce a legal right or remedy a legal wrong.
Judicial writs for protection of the rights and freedoms of the people from excesses of the executive power of the Indian Judiciary to issue writs –
While guaranteeing fundamental rights of the citizens, the Constitution of India also grants the Rights to Constitutional Remedies. It is designed to protect the fundamental rights against violations. The grant of fundamental rights would have remained meaningless without the incorporation of these rights under Article 32 of the Constitution.
Article 32 grants and guarantees the people of India the right to move to the Supreme Court for the enforcement of the rights conferred by Part III of the Constitution. It empowers the Supreme Court of India to issue writs including writs in the nature of habeas corpus, mandamus, quo warranto, prohibition and certiorari for the enforcement of fundamental rights. This power is also available (under Article 226) to the High Court working at the intermediate level of Indian Judicial system. Article 32 provides for a guaranteed remedy for the enforcement of all the rights conferred by Part III of the Constitution. Article 32 of the Constitution which grants the Fundamental Right to Constitutional Remedies for enabling the citizens to petition to the courts for the issuance of writs for protecting their Fundamental Rights.
The Rights to Constitutional Remedies was described by Dr. B.R. Ambedkar as the soul of the Constitution. The power of the Supreme Court to issue writs for the protection of the fundamental rights cannot be taken away and in this way it forms a part of the basic structure of the Constitution. The power of the Supreme Court to interpret and protect the Constitution and, in particular, the fundamental rights of the people makes the Supreme Court the guardian, interpreter and protector of the Fundamental Rights.
In acting as the guardian protector of the fundamental rights, the Supreme Court uses its power to issue writs. This power of the Supreme Court falls in the category of its original Jurisdiction. Any person can move to the Supreme Court in case he finds that any of his fundamental rights has been violated or is being violated or is threatened to be violated by any person or authority. In each such case, the Supreme Court can frame and issue an appropriate writ for protecting the rights of that person. In fact, the Supreme Court of India has never hesitated to issue necessary orders, directions or writs for performing its constitutional power of protecting the fundamental rights of the people which stand guaranteed by the Constitution. Article 32 constitutes the bedrock of such a role and power of the Supreme Court of India.
The use of judicial writs can vary depending on the legal system and jurisdiction. In some jurisdictions, certain types of writs may not be available or may have different names or procedures.
This article on Judicial Writs in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.