Special writs are judicial orders
issued by the Supreme Court of India under Article 32 of the Constitution of
India. The writs are a tool for enforcing the Fundamental Rights guaranteed by
the Constitution, and they serve as a means of protecting individual rights and
liberties.
The special writs that can be issued under Article
32 are:
- Habeas Corpus: This writ is
used to secure the release of individuals who have been unlawfully
detained or imprisoned. It requires the authorities to produce the
detained person before the court to determine the legality of their
detention.
- Mandamus: This writ is used
to require public officials or government agencies to perform a public
duty that they are legally obliged to perform.
- Prohibition: This writ is
used to prevent a lower court or administrative body from exceeding its
jurisdiction or acting in violation of the law.
- Quo Warranto: This writ is
used to challenge the legitimacy of someone who is holding a public
office. It can also be used to challenge the legality of a corporation’s
existence.
- Certiorari: This writ is
used to review the decisions of lower courts, tribunals, or administrative
bodies, and to quash decisions that are found to be illegal, arbitrary, or
unreasonable.
The scope of Article 32 is quite broad and provides
a powerful tool for the protection and enforcement of Fundamental Rights. The
writs are considered to be special commands as they are issued by the Supreme
Court and are binding on all other courts in the country.
The purpose of Article 32 is to ensure that
individuals have access to a quick and effective remedy if their Fundamental
Rights are violated. It empowers individuals to approach the Supreme Court
directly if their rights are being infringed and provides a mechanism for the
Supreme Court to enforce the Fundamental Rights.