Hey, guys hope you all doing well, 

Today let’s discuss “heart and soul of Indian Constitution”

Are you thinking that what is “Heart and soul Indian Constitution”, if you know or don’t know it’s your you? 

Before going to discuss ” Heart and soul of Indian Constitution”…. 

Now let’s look at what are fundamental rights. 

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. 

They are applied without discrimination based on race, religion, gender, creed, region, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

Fundamental rights are enshrined in the part-3 of the Constitution from article 12 to article 35 in the Indian Constitution. 

There are six fundamental rights they are. 

Let’s see what are they, 

1.Right to equality from (Article-14 to article-18) 

2.Right to freedom (article 19 to article 22) 

3.Right against exploitation (article 23 to article 24) 

4.Right to freedom of religion (article 25 to article 28) 

5.Cultural and educational rights (article 29 to article 30) 

6.Right to constitutional remedies (article 32 to article 35). 

Constitutional remedies and writs

SOME FACTS ON ARTICLE 32

Article 32 deals with the right to constitutional remedies offense that tried to move the supreme court by appropriate proceedings for the enforcement of fundamental rights. 

In simple words, article 32 of the Indian Constitution gives the right to individuals to move Supreme Court or high court to seek justice when their rights are denied. 

DR.BR AMBEDKAR WORDS ON ARTICLE 32,,,

“If I was asked to name any particular article in this Constitution as the most important- an article without which this Constitution would be a nullity— I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realized its importance.”

This is what Ambedkar said about the importance of Article 32.

Right to Property is not a Fundamental Right do you know?? 

Initially, it’s a fundamental right by Article 31 but now it has been removed. 

However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment. 

It is removed due to it being proved to be a hindrance towards attaining the goal of socialism and redistribution of wealth (properties) equality among the people. 

The property right is now a legal right and not a fundamental right. 

Fundamental rights are basic human rights. 

Now my question is what if your fundamental rights are denied…??? 

For this, we have constitutional remedies, it is present for enforcement and safeguarding our fundamental rights.

WHAT IS CONSTITUTIONAL REMEDIES AND WRITS

Writs are written orders issued by the Supreme Court of India to provide constitutional remedies to protect the fundamental rights of citizens from the violation. 

Writs are borrowed from England. In England, it is known as “prerogative writs”.

Under, article 32 Supreme Court acts as a guarantor and defender of our fundamental rights, and while article 226 High Court is the guarantor. 

Article 32 can be used only to get a remedy for fundamental rights given in article 12 to 35 it doesn’t work for other rights. 

In the Indian Constitution, the fundamental rights mentioned under article 20 and article 21 can never be suspended.

constitutional and financial emergencies can’t affect fundamental rights. 

Before 1950 only the high court of Calcutta, Bombay, and Madras had the power to issue rights in India. 

Now let’s discuss the constitutional writs, 

 As I mentioned earlier the supreme court and High Court has the power to issue writs like habeas corpus, Quo warranto, mandamus, certiorari, and prohibition under article 32 and article 226 of the Indian Constitution. 

ABOUT HABEAS CORPUS. 

For Instance, if police are detained you, even if you don’t do anything wrong against the law, then as a citizen you have the right to question why you have been detained, in this case, the HABEAS CORPUS helps you in the following… 

It is a Latin word that literally means “you should have the body”.

The purpose of this writ is not to produce the wrongdoer but merely to release a person unlawfully detained. 

If a person is detained or imprisoned then he should be presented in the court or magistrate.

whether he is in prison or custody within 24 hours, if they fail to do so by using this writ we can release the person. if the person didn’t do anything. 

If he did it illegally then he would be a prisoner. 

While the supreme court can issue the writ of Habeas Corpus only against the state in case of violation of fundamental rights.

whereas the high court can issue it also against private individuals illegally Arbitrarily detaining any other person.

Here Locus standing is also applicable which means, Right to bring an action or to be heard before a court. 

In other words

Writ of Habeas Corpus can be filed by any person on behalf of a person detained or by the detained person it can be filed. 

This writ is very very important for our personal liberty. 

NOW LET’S DISCUSS MANDAMUS,,,,, 

For instance, one day you have approached the government or public authority to get your work finished, then if they refuse to do the work you are asked to do then this writ will help you to get that work finished. It helps in the following… 

It is a Latin word that means “to command”.

The Supreme Court may issue a mandamus to enforce the fundamental right of a person when it is violated by some government order or act. 

The high court will issue this writ to direct an officer to exercise his constitutional and legal power to do so. 

This Mandamus can’t be issued against private individuals and also it can’t be against the President and governors of India. 

Generally, this writ is very useful for a layman because when he approaches the government authorities they usually reject or keep it aside by using this writ those all kinds of things will be eradicated. 

THIS IS NOT THE END. IN PART-2 CONSTITUTIONAL REMEDIES AND WRITS.

SHARING IS CARING🗣️.