Writs Under Article 32
Under Article 32, the Supreme Court has the authority to issue writs, although it is not required to do so in every case. The Court takes into account the type of right violated, the severity of the breach, and if alternate legal remedies are available while determining whether to grant a writ.
The Court also takes into account whether there are any more legal options. The Court could be less likely to grant a writ if there are other accessible remedies.
Types of writs that can be issued under Article 32:
- Habeas corpus: This writ is used to bring a person who is being held illegally before a court.
- Mandamus: This writ is used to order a public authority to perform a legal duty.
- Prohibition: This writ is intended to prohibit a subordinate court or tribunal from exceeding its authority.
- Quo warranto: This writ is used to question a person’s or body’s legal authority to hold public office.
- Certiorari: This writ is used to overturn an order or decision made by a lower court or tribunal.
Circumstances under which the Supreme Court can dismiss a writ petition under Article 32
- The petition is vexatious or frivolous. This means that the petition has no validity and was filed just to harass the respondent.
- The petition has not been filed in the proper forum. This indicates that the petition is being heard by the Supreme Court, despite the fact that it should have been heard by a lower court.
- The petition is time-barred. This signifies that the petition was filed after the deadline for doing so had passed.
- The petition does not present a major legal or factual issue. This signifies that the petition raises no significant legal or factual problems.
- Another forum may be able to resolve the petition more effectively. This indicates that the petition should be heard in another setting, such as a lower court.
Article 32 of Indian Constitution
Article 32 of The Indian Constitution: The right to approach the Supreme Court and seek remedies for the enforcement of basic rights is guaranteed under Article 32 of the Indian Constitution. This clause is important as well as essential because it gives individuals a way to file complaints when their fundamental rights are violated. One of the most important provisions of the Constitution for sustaining the rule of law is Article 32.