Monday, 27 August 2012

Constitutional Remedies

Article 31: Compulsory acquisition of property
Repealed by the Constitution 44th Amendment Act, 1978.

 Article 32: Remedies for enforcement of rights conferred by this Part
It provides right to move Supreme Court for the enforcement of Fundamental rights. To enforce the Fundamental rights  Supreme Court shall have power to issue 5 types of writs:

a.   Habeas corpus - It requires a person under arrest to brought before court.
·   This ensures that a prisoner can be released from unlawful detention.
·   This can be issued against State or Private Individual.

b.   Mandamus – Issued against public authority for enforcement of legal rights only.
·         Private rights cannot be enforced by this writ.
·         It cannot be issued against President or Governor.

c.    Prohibition – issued by a superior court against inferior court or quasi judicial bodies to prevent it from exceeding its jurisdiction.

d.   Certiorari- It is issued to quash the order passed by an inferior court or tribunal in excess of its jurisdiction.
Prohibition is available before the order is passed while Certiorari is available after the order is passed to nullify the order.

e.   Quo warranto – It is issued to prevent a person from holding a public office for which he is not authorized.

 Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Parliament by law may determine to what extent any of the rights conferred by this Part shall apply to, -
a.                    the members of the Armed Forces; or
b.                   the members of the Forces charged with the maintenance of public order; or
c.                    persons employed by the State for purposes of intelligence or counter intelligence.

 Article 34: Parliament by law may restrict rights conferred by this Part while martial law is in force in any area.

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