The Indian Judiciary plays a tremendous role in upholding the democracy of our country by acting as a redressal agency for the citizens. If the fundamental rights of a citizen are violated or have to be enforced, Article 32 or Article 226 is the most powerful resort. The Supreme Court, the Apex body as well as the High Court take it upon themselves to protect the fundamental rights of the citizens through the powers vested in them by the  above mentioned articles.  Non Citizens can avail Writ under Article 21.

Article 32

Article 32 of our Constitution which is referred to as the “heart and soul”.   The constitution guarantees great power to citizens of the country the right to approach the SC directly for cases related to enforcement and violation of the fundamental rights without using the appeal mechanism, that is, without approaching the lower courts.

Articles 12 to 35 forming Part III of the Constitution of India incorporate a set of fundamental rights including the right to equality, life, liberty, freedom of speech, religious freedom. Along with providing the rights, it is imperative that there are provisions of law for their enforcements when they are violated. Article 32 is such a provision.

For the relief of the citizens, SC can issue any of the 5 writs (Habeas Corpus, Quo Warranto, Mandamus, Certiorari, Prohibition).

Article 32 itself is a fundamental right. So, the right to move the SC shall not be suspended in any case except as provided by the Constitution. The Constitution provides that the President can suspend the right to move any court for the enforcement of fundamental rights during a national emergency (Article 359).

1. Habeas corpus: It translates to “you have the body”. It is a writ used to seek relief from unlawful detention.
2. Quo warranto- It means “with what warrant/authority” and it is used to restrain persons in public office from unwarrantedly exercising some power.
3. Mandamus: It is a command issued by the Higher Court to a lower court or the government instructing correct performance of a duty.
4. Certiorari- It is used to quash the wrongful action of a lower court in excess     of its powers or against the principles of natural justice or the procedure established by law.
5. Prohibition: It is issued by higher courts to a lower court to prohibit it from doing something it is not supposed to do as per the law.

 Article 226

Article 226 of the constitution gives the right to citizens to approach the High Court to enforce the fundamental rights as well as legal rights. The High Court is empowered to issue orders or directions or any of the 5 writs for the enforcement of fundamental rights or for any other purpose.

In fact, the High Court has more power vested in itself as it can be approached for the enforcement of both fundamental rights and legal rights by citizens. 

Public Interest Litigation

A person can directly approach the Supreme Court or High Court for the enforcement of their fundamental rights. But when they do not have the resources to do so, a PIL can be filed. A public interest litigation is a process that can be filed by a citizen under Article 32 and Article 226, not solely for personal gain but for the benefit of the public at large. This is to enable the victims to approach the SC even if they don’t have the means or resources to do so. 

These litigations can be filed by economically weaker sections also as such litigations can also be filed via postcards or letters.