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HUMAN RIGHTS


RIGHT TO CONSTITUTIONAL REMEDIES: THE BIGGEST WEAPON AGAINST VIOLATION OF HUMAN RIGHTS


INTRODUCTION

Rights make individuals powerful, despite the fact that it isn't necessary that all citizens have equal resources and wealth one thing is without a doubt that they have it in terms of equality, all the countrymen inalienably and inherently by birth, have their fundamental rights.


Yet, to ensure and protect their rights or privileges people should have an alternative to enforce them. Article 32 works in that sense. With extraordinary power accompanies great duties and obligations, individuals utilize these rights as a weapon of harassment and different human rights violation and PIL become the Industry of vested interest. In spite of that, nobody can be permitted to encroach or infringe the rights of others. To guarantee the security of his/her rights individuals should know about the remedies which are provided in our constitution.


ARTICLE 32 OF THE CONSTITUTION

(1) The right to move to the Supreme Court by proper procedures for the enforcement of the rights given by this Part is ensured

(2) The Apex Court has the power to issue writs, in nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, or orders or direction whichever might be suitable, for the requirement of any of the rights presented by the 3rd part of the constitution

(3) Without any bias to the power presented on the Apex Court by ( 1 ) and ( 2), Parliament may by law engage some other court to practice inside its jurisdiction all or any power exercisable by the Apex Court under ( 2 )

(4) The rights ensured by this article will not be suspended except as otherwise provided by this Constitution

ARTICLE 226 OF THE CONSTITUTION

Article 226, empowers the High Courts to issue, to any individual or authority, including the organization, directions, writs or orders, recollecting writs for the idea of habeas corpus, mandamus, certiorari, quo warranto, prohibition, or some other.

Article 226 sub-clause (2) provides that paying little heed to the seat of government or authority or residence of the individual isn't in the local jurisdiction of the High court still high court can provide direction, order to such government, authority, or individual if the purpose behind action totally or somewhat rises practically identical to its jurisdiction.

Article 226(3) states that the (i)When against a party any between interim order is given by the high court in the method for interim injunction or remain, or any procedures relating to an order under Article 226 without (a) giving a copy of the petition or copies of all documents of the interim order to such party and (b) offering opportunity to hear.

(ii) And if such party makes an application to the High court for the disposing of interim order or petition and outfits a copy of the application of vacation to the party in whose favor such interim order or to the counsel of the party.


(iii) Then the High court will dispose of the application

Inside a period of around fourteen days from the date on which it is received or, from the date on which the copy of such application is so furnished, whichever date is later or then again where the High Court is closed on the last day of that period, before the expiry of the next day on which the High Court is open


(iv) And if the application isn't so disposed of by the High court, the interim order will, on the expiry of that period, the expiry of the aid following day will be vacated.


Article 226(4) states that the power given to the high court to provide direction, writ, or order won't derogate the power given to the Supreme court under Article 32(2).


WRIT JURISDICTION UNDER ARTICLE 32 AND 226

Writs are the formal written document bearing the name of the court, or other legal authority to do some act, abstain or refrain from doing something. These writs have been acquired from England.


Under Article 32 and 226 of the Indian Constitution Apex court and the High courts have the power to give Writs separately. In India, the first writs were given by the Supreme Court at Calcutta later by the high court of Bombay and madras and since 1861 and 1937 by High Courts and Supreme Court of India.


HABEAS CORPUS


The term habeas corpus is derived from the Latin expression which signifies "You should have the body". It represents habeas corpus Ad subjiciendum implies writ for securing liberty. By the assistance of this writ, Court directs the individual or any authority and state institution whosoever detained or wrongfully confines another person to deliver the body of the detainee before the court to decided by the court the validity, jurisdiction, and justification for such confinement. This writ aims to ensure judicial review of unlawful detention on liberty or freedom of an accused.


Article 22 of the Indian Constitution provides that, if the police or any authority arrested the individual is required to be presented before a magistrate within 24 hours of his arrest (barring the journey hours) and failure to do so would entitle the arrested individual to be released.


It is granted against the state as well as against the person, where an individual holds the unlawful detention of another person.




QUO WARRANTO


This implies what is your authority? This writ is utilized to Control the judicially Executive actions in the matter of appointment to public office under important provisions. This writ additionally helps to protect citizens from the holder of a public office which he has no Right and calls upon the holder to public office to the Court on what Authority he is holding the workplace is a question. If he isn't qualified for the office, the court guides the individual to vacate the office and announces the office to be vacant.

This writ assists with maintaining control over the Executive from making appointments in public office against law and protects the society from being denied of public office to which the society has a right.

MANDAMUS

Its meaning is derived from the Latin expression signifying "We Command". It is given by the Court to an authority directing to perform a public duty which is imposed on it by law. When a body omits to do Some act which it's bound to do, it can be commanded to do likewise. To issue this writ there should be a few conditions that are needed to be satisfied that the petitioner should have the legal right to the performance of the legal duty, the legal duty should be of public nature. The right which is to be enforced should be subsisting on the date of the petition and mandamus isn't issued in anticipation of injury.

CERTIORARI

It means "to be informed" or "To be Certified". It is issued by the Apex or higher Court to the lower Court or to the Tribunal either to pass on a case pending with the subordinate court to itself or quash the order for the subordinate court in a case. It is issued when there is an excess of jurisdiction or lack of jurisdiction or there is an error of law, anything in opposition to a procedure as established by law.

PROHIBITION


It means " order inaction" and it is issued by the Higher Court to the Lower Court or Tribunal Directing the judge or party to cease the litigation because the inferior court doesn't have jurisdiction to hear and decide the case. This writ is an extraordinary remedy. This writ can be given against the Judicial and Quasi-Judicial bodies.

PUBLIC INTEREST LITIGATION

PIL is a legal remedy initiated in a courtroom for the enforcement of public interest or general interest in which masses have a particular interest by which their legal rights affected. In PIL it isn't required that the aggrieved party itself approach the court anybody can present PIL even the court itself or by some other private party. It is likewise not compulsory for the exercise of the jurisdiction of the Court, the victim moved toward the court. PIL is the power given to the public by the Court through Judicial Activism, nonetheless, it is to be fulfilled to the Court that the petition filed is for public protection, and not based on the absence of legal merit. It is a cost effective remedy, and it is remedial in nature as anyone can get a remedy. It is the better use of law to advance the concept of human rights and cover the scope of broad public issues, expanded the meaning of fundamental rights, speedy process of trial, fulfilling the objective of social, economic, and political justice as mentioned in the preamble of the Constitution.

PROCEDURE TO FILE THE PIL

Any citizen of India can file a PIL for public welfare where the interest of the masses gets influenced under Article 32 in the Supreme Court or Article 226 in High Court and section 133 of CRPC under Court of Magistrate. .A court can regard a letter or telegram as a Writ Petition and makes a move upon it if a few conditions collateral to it should be fulfilled.


Public Interest Litigation has been logged similarly, as a writ appeal is filed. If PIL is filed in the High Court, two copies of the petition must be filed. 5 Copies would be filed in Apex Cou