Fundamental rights Articles 30- 32 | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


 
Article 30 (Right of Minorities to Establish and Administer Educational 
Institutions): Article 30 grants the following rights to minorities
whether religious or linguistic
defined anywhere in the Constitution.
(a) All minorities shall have the right to establish and administer educational
institutions of their choice. 
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educ
abrogate the right guaranteed to them. This provision was added
Amendment Act of 1978 to protect the right of minorities in
Act deleted the right to property as a Fundamental Right
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
Minority educational institutions are of three types:
(a) institutions that seek recognition as well as aid from the State;
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the Sta
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The
are free to administer their affairs but subject to
contract law, labour law, industrial law, tax
on. 
Article 32 (Right to Constitutional Remedies):
Constitution, where the power 
Court’s decision in Marbury v Madison,
provides courts with the power to issue writs and grant remedies. It would be 
 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities
linguistic. However, the term ‘minority’ has not been 
Constitution. The rights include: 
(a) All minorities shall have the right to establish and administer educational
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educational institution shall not 
abrogate the right guaranteed to them. This provision was added by the 44th 
Amendment Act of 1978 to protect the right of minorities in this regard. The 
Act deleted the right to property as a Fundamental Right (Article 31).
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority. 
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language. 
ucational institutions are of three types: 
(a) institutions that seek recognition as well as aid from the State; 
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the State. 
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The institutions of third type 
to administer their affairs but subject to operation of general laws like 
contract law, labour law, industrial law, tax law, economic regulations, and so 
Article 32 (Right to Constitutional Remedies): Unlike the American 
Constitution, where the power of judicial review emerged after the
decision in Marbury v Madison, the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities (only), 
‘minority’ has not been 
(a) All minorities shall have the right to establish and administer educational 
(b) The compensation amount fixed by the State for the compulsory acquisition 
 restrict or 
by the 44th 
this regard. The 
icle 31). 
(c) In granting aid, the State shall not discriminate against any educational 
The right under Article 30 also includes the right of a minority to impart 
(b) institutions that seek only recognition from the State and not aid; and 
The institutions of first and second type are subject to the regulatory power of 
the state with regard to syllabus prescription, academic standards, discipline, 
institutions of third type 
operation of general laws like 
law, economic regulations, and so 
Unlike the American 
of judicial review emerged after the Supreme 
the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Page 2


 
Article 30 (Right of Minorities to Establish and Administer Educational 
Institutions): Article 30 grants the following rights to minorities
whether religious or linguistic
defined anywhere in the Constitution.
(a) All minorities shall have the right to establish and administer educational
institutions of their choice. 
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educ
abrogate the right guaranteed to them. This provision was added
Amendment Act of 1978 to protect the right of minorities in
Act deleted the right to property as a Fundamental Right
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
Minority educational institutions are of three types:
(a) institutions that seek recognition as well as aid from the State;
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the Sta
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The
are free to administer their affairs but subject to
contract law, labour law, industrial law, tax
on. 
Article 32 (Right to Constitutional Remedies):
Constitution, where the power 
Court’s decision in Marbury v Madison,
provides courts with the power to issue writs and grant remedies. It would be 
 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities
linguistic. However, the term ‘minority’ has not been 
Constitution. The rights include: 
(a) All minorities shall have the right to establish and administer educational
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educational institution shall not 
abrogate the right guaranteed to them. This provision was added by the 44th 
Amendment Act of 1978 to protect the right of minorities in this regard. The 
Act deleted the right to property as a Fundamental Right (Article 31).
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority. 
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language. 
ucational institutions are of three types: 
(a) institutions that seek recognition as well as aid from the State; 
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the State. 
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The institutions of third type 
to administer their affairs but subject to operation of general laws like 
contract law, labour law, industrial law, tax law, economic regulations, and so 
Article 32 (Right to Constitutional Remedies): Unlike the American 
Constitution, where the power of judicial review emerged after the
decision in Marbury v Madison, the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities (only), 
‘minority’ has not been 
(a) All minorities shall have the right to establish and administer educational 
(b) The compensation amount fixed by the State for the compulsory acquisition 
 restrict or 
by the 44th 
this regard. The 
icle 31). 
(c) In granting aid, the State shall not discriminate against any educational 
The right under Article 30 also includes the right of a minority to impart 
(b) institutions that seek only recognition from the State and not aid; and 
The institutions of first and second type are subject to the regulatory power of 
the state with regard to syllabus prescription, academic standards, discipline, 
institutions of third type 
operation of general laws like 
law, economic regulations, and so 
Unlike the American 
of judicial review emerged after the Supreme 
the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
 
meaningless, the Indian founders
effective remedies for their enforcement. 
Articles 32 and 226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar,
Constitution and the very heart of it …’
important feature of Article 32 is that it does not merely guarantee the 
protection of fundamental 
Constitution. The Supreme Court has ruled that Article 
the Constitution. It contains the following four provisions:
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed.
(b) The Supreme Court shall have power to issue directio
for the enforcement of any of the fundamental rights. The writs issued
include habeas corpus, mandamus, prohibition, certiorari and quo
(c) Parliament can empower any other court to issue directions, orders and
of all kinds. However, this can be done without prejudice to the
conferred on the Supreme Court. Any other court here does
courts because Article 226 has already conferred these
courts. 
(d) The right to move the Supreme Court shall not be suspended except as
otherwise provided for by the Constitution
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. 
226 to issue directions, orders, or writs to any person or authority, including any 
government to enforce fundamental rights and ‘for any other purpose’.
Supreme Court has ruled that where relief through high court is
Article 226, the aggrieved party should first move the high
of reasons: 
 
meaningless, the Indian founders believed, to confer rights without providing 
effective remedies for their enforcement.  
226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar, Article 32 was ‘the very soul of the 
Constitution and the very heart of it …’Gopal Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
 rights, but it is itself located in Part III of the 
Supreme Court has ruled that Article 32 is a basic 
contains the following four provisions: 
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed. 
(b) The Supreme Court shall have power to issue directions or orders or writs
for the enforcement of any of the fundamental rights. The writs issued
habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
(c) Parliament can empower any other court to issue directions, orders and
all kinds. However, this can be done without prejudice to the above powers 
conferred on the Supreme Court. Any other court here does not include high 
courts because Article 226 has already conferred these powers on the high 
e Supreme Court shall not be suspended except as
otherwise provided for by the Constitution (Article 359). 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’.
ruled that where relief through high court is available under 
Article 226, the aggrieved party should first move the high court for a number 
without providing 
226 were and continue to be regarded as integral to the 
Article 32 was ‘the very soul of the 
Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
rights, but it is itself located in Part III of the 
32 is a basic feature of 
(a) The right to move the Supreme Court by appropriate proceedings for the 
ns or orders or writs 
for the enforcement of any of the fundamental rights. The writs issued may 
warranto. 
(c) Parliament can empower any other court to issue directions, orders and writs 
above powers 
not include high 
powers on the high 
e Supreme Court shall not be suspended except as 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider in scope 
The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’. 
available under 
court for a number 
Page 3


 
Article 30 (Right of Minorities to Establish and Administer Educational 
Institutions): Article 30 grants the following rights to minorities
whether religious or linguistic
defined anywhere in the Constitution.
(a) All minorities shall have the right to establish and administer educational
institutions of their choice. 
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educ
abrogate the right guaranteed to them. This provision was added
Amendment Act of 1978 to protect the right of minorities in
Act deleted the right to property as a Fundamental Right
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
Minority educational institutions are of three types:
(a) institutions that seek recognition as well as aid from the State;
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the Sta
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The
are free to administer their affairs but subject to
contract law, labour law, industrial law, tax
on. 
Article 32 (Right to Constitutional Remedies):
Constitution, where the power 
Court’s decision in Marbury v Madison,
provides courts with the power to issue writs and grant remedies. It would be 
 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities
linguistic. However, the term ‘minority’ has not been 
Constitution. The rights include: 
(a) All minorities shall have the right to establish and administer educational
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educational institution shall not 
abrogate the right guaranteed to them. This provision was added by the 44th 
Amendment Act of 1978 to protect the right of minorities in this regard. The 
Act deleted the right to property as a Fundamental Right (Article 31).
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority. 
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language. 
ucational institutions are of three types: 
(a) institutions that seek recognition as well as aid from the State; 
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the State. 
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The institutions of third type 
to administer their affairs but subject to operation of general laws like 
contract law, labour law, industrial law, tax law, economic regulations, and so 
Article 32 (Right to Constitutional Remedies): Unlike the American 
Constitution, where the power of judicial review emerged after the
decision in Marbury v Madison, the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities (only), 
‘minority’ has not been 
(a) All minorities shall have the right to establish and administer educational 
(b) The compensation amount fixed by the State for the compulsory acquisition 
 restrict or 
by the 44th 
this regard. The 
icle 31). 
(c) In granting aid, the State shall not discriminate against any educational 
The right under Article 30 also includes the right of a minority to impart 
(b) institutions that seek only recognition from the State and not aid; and 
The institutions of first and second type are subject to the regulatory power of 
the state with regard to syllabus prescription, academic standards, discipline, 
institutions of third type 
operation of general laws like 
law, economic regulations, and so 
Unlike the American 
of judicial review emerged after the Supreme 
the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
 
meaningless, the Indian founders
effective remedies for their enforcement. 
Articles 32 and 226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar,
Constitution and the very heart of it …’
important feature of Article 32 is that it does not merely guarantee the 
protection of fundamental 
Constitution. The Supreme Court has ruled that Article 
the Constitution. It contains the following four provisions:
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed.
(b) The Supreme Court shall have power to issue directio
for the enforcement of any of the fundamental rights. The writs issued
include habeas corpus, mandamus, prohibition, certiorari and quo
(c) Parliament can empower any other court to issue directions, orders and
of all kinds. However, this can be done without prejudice to the
conferred on the Supreme Court. Any other court here does
courts because Article 226 has already conferred these
courts. 
(d) The right to move the Supreme Court shall not be suspended except as
otherwise provided for by the Constitution
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. 
226 to issue directions, orders, or writs to any person or authority, including any 
government to enforce fundamental rights and ‘for any other purpose’.
Supreme Court has ruled that where relief through high court is
Article 226, the aggrieved party should first move the high
of reasons: 
 
meaningless, the Indian founders believed, to confer rights without providing 
effective remedies for their enforcement.  
226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar, Article 32 was ‘the very soul of the 
Constitution and the very heart of it …’Gopal Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
 rights, but it is itself located in Part III of the 
Supreme Court has ruled that Article 32 is a basic 
contains the following four provisions: 
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed. 
(b) The Supreme Court shall have power to issue directions or orders or writs
for the enforcement of any of the fundamental rights. The writs issued
habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
(c) Parliament can empower any other court to issue directions, orders and
all kinds. However, this can be done without prejudice to the above powers 
conferred on the Supreme Court. Any other court here does not include high 
courts because Article 226 has already conferred these powers on the high 
e Supreme Court shall not be suspended except as
otherwise provided for by the Constitution (Article 359). 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’.
ruled that where relief through high court is available under 
Article 226, the aggrieved party should first move the high court for a number 
without providing 
226 were and continue to be regarded as integral to the 
Article 32 was ‘the very soul of the 
Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
rights, but it is itself located in Part III of the 
32 is a basic feature of 
(a) The right to move the Supreme Court by appropriate proceedings for the 
ns or orders or writs 
for the enforcement of any of the fundamental rights. The writs issued may 
warranto. 
(c) Parliament can empower any other court to issue directions, orders and writs 
above powers 
not include high 
powers on the high 
e Supreme Court shall not be suspended except as 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider in scope 
The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’. 
available under 
court for a number 
 
1. It would create hurdles for the Court
under Article 136 of the
exclusive jurisdiction on this Court
2.  In addition, it also cited fears of a growing backlog of cases
3. Finally, it also pointed to the need to inspire institutional
the judiciary as a whole: ‘Faith m
and the institution as a whole, not only in this Court alone.’
Writs: 
Habeas Corpus: It is a Latin term which literally means 
is an order issued by the court to a person who has detained 
produce the body of the latter before it.
The court then examines the cause and legality
detained person free, if the detention is found to
corpus can be issued against 
individuals. 
The writ, on the other hand, is not issued where
the proceeding is for contempt of a legislature
competent court, and (d) detention is outs
This writ was at the centre of one of the most controversial Supreme Court 
judgments- ADM Jabalpur v/s Shiv Kant Shukla
is confined and controlled by law, whether common law or statute.
judge bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
The judgment was over-ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case b
jurisprudence in India. The judgment asserted that l
inalienable to human existence and 
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in 
also by the adoption of forty
359 was amended to provide t
cannot be suspended during emergencies
 
It would create hurdles for the Court to do what this Court alone can do 
under Article 136 of the Constitution, and other provisions conferring 
sive jurisdiction on this Court. 
also cited fears of a growing backlog of cases.  
Finally, it also pointed to the need to inspire institutional confidence in 
the judiciary as a whole: ‘Faith must be inspired in the hierarchy of courts 
institution as a whole, not only in this Court alone.’ 
It is a Latin term which literally means ‘to have the body of’
issued by the court to a person who has detained another person, to 
the body of the latter before it. 
The court then examines the cause and legality of detention. It would set the 
detained person free, if the detention is found to be illegal. The writ of habeas 
corpus can be issued against both public authorities as well as private
The writ, on the other hand, is not issued where the (a) detention is lawful, (b) 
the proceeding is for contempt of a legislature or a court, (c) detention is by a 
competent court, and (d) detention is outside the jurisdiction of the court.
This writ was at the centre of one of the most controversial Supreme Court 
ADM Jabalpur v/s Shiv Kant Shukla which ruled that 
is confined and controlled by law, whether common law or statute.
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case being seen as an aberration to constitutional 
jurisprudence in India. The judgment asserted that life and personal liberty are 
ienable to human existence and constitute rights under natural law
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in Maneka Gandhi v. Union of India and 
also by the adoption of forty-fourth amendment to the Constitution.
359 was amended to provide that enforcement of rights under Article 20 and 21 
during emergencies. 
to do what this Court alone can do 
titution, and other provisions conferring 
 
confidence in 
ust be inspired in the hierarchy of courts 
‘to have the body of’. It 
another person, to 
of detention. It would set the 
The writ of habeas 
ublic authorities as well as private 
the (a) detention is lawful, (b) 
or a court, (c) detention is by a 
the jurisdiction of the court. 
This writ was at the centre of one of the most controversial Supreme Court 
which ruled that that Liberty 
is confined and controlled by law, whether common law or statute. The five 
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency. 
ruled with the Puttaswamy privacy judgment with the 
eing seen as an aberration to constitutional 
ife and personal liberty are 
constitute rights under natural law. 
The scope of the writ of habeas corpus has considerably increased by virtue of 
Maneka Gandhi v. Union of India and 
to the Constitution. Article 
nforcement of rights under Article 20 and 21 
Page 4


 
Article 30 (Right of Minorities to Establish and Administer Educational 
Institutions): Article 30 grants the following rights to minorities
whether religious or linguistic
defined anywhere in the Constitution.
(a) All minorities shall have the right to establish and administer educational
institutions of their choice. 
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educ
abrogate the right guaranteed to them. This provision was added
Amendment Act of 1978 to protect the right of minorities in
Act deleted the right to property as a Fundamental Right
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
Minority educational institutions are of three types:
(a) institutions that seek recognition as well as aid from the State;
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the Sta
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The
are free to administer their affairs but subject to
contract law, labour law, industrial law, tax
on. 
Article 32 (Right to Constitutional Remedies):
Constitution, where the power 
Court’s decision in Marbury v Madison,
provides courts with the power to issue writs and grant remedies. It would be 
 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities
linguistic. However, the term ‘minority’ has not been 
Constitution. The rights include: 
(a) All minorities shall have the right to establish and administer educational
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educational institution shall not 
abrogate the right guaranteed to them. This provision was added by the 44th 
Amendment Act of 1978 to protect the right of minorities in this regard. The 
Act deleted the right to property as a Fundamental Right (Article 31).
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority. 
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language. 
ucational institutions are of three types: 
(a) institutions that seek recognition as well as aid from the State; 
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the State. 
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The institutions of third type 
to administer their affairs but subject to operation of general laws like 
contract law, labour law, industrial law, tax law, economic regulations, and so 
Article 32 (Right to Constitutional Remedies): Unlike the American 
Constitution, where the power of judicial review emerged after the
decision in Marbury v Madison, the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities (only), 
‘minority’ has not been 
(a) All minorities shall have the right to establish and administer educational 
(b) The compensation amount fixed by the State for the compulsory acquisition 
 restrict or 
by the 44th 
this regard. The 
icle 31). 
(c) In granting aid, the State shall not discriminate against any educational 
The right under Article 30 also includes the right of a minority to impart 
(b) institutions that seek only recognition from the State and not aid; and 
The institutions of first and second type are subject to the regulatory power of 
the state with regard to syllabus prescription, academic standards, discipline, 
institutions of third type 
operation of general laws like 
law, economic regulations, and so 
Unlike the American 
of judicial review emerged after the Supreme 
the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
 
meaningless, the Indian founders
effective remedies for their enforcement. 
Articles 32 and 226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar,
Constitution and the very heart of it …’
important feature of Article 32 is that it does not merely guarantee the 
protection of fundamental 
Constitution. The Supreme Court has ruled that Article 
the Constitution. It contains the following four provisions:
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed.
(b) The Supreme Court shall have power to issue directio
for the enforcement of any of the fundamental rights. The writs issued
include habeas corpus, mandamus, prohibition, certiorari and quo
(c) Parliament can empower any other court to issue directions, orders and
of all kinds. However, this can be done without prejudice to the
conferred on the Supreme Court. Any other court here does
courts because Article 226 has already conferred these
courts. 
(d) The right to move the Supreme Court shall not be suspended except as
otherwise provided for by the Constitution
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. 
226 to issue directions, orders, or writs to any person or authority, including any 
government to enforce fundamental rights and ‘for any other purpose’.
Supreme Court has ruled that where relief through high court is
Article 226, the aggrieved party should first move the high
of reasons: 
 
meaningless, the Indian founders believed, to confer rights without providing 
effective remedies for their enforcement.  
226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar, Article 32 was ‘the very soul of the 
Constitution and the very heart of it …’Gopal Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
 rights, but it is itself located in Part III of the 
Supreme Court has ruled that Article 32 is a basic 
contains the following four provisions: 
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed. 
(b) The Supreme Court shall have power to issue directions or orders or writs
for the enforcement of any of the fundamental rights. The writs issued
habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
(c) Parliament can empower any other court to issue directions, orders and
all kinds. However, this can be done without prejudice to the above powers 
conferred on the Supreme Court. Any other court here does not include high 
courts because Article 226 has already conferred these powers on the high 
e Supreme Court shall not be suspended except as
otherwise provided for by the Constitution (Article 359). 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’.
ruled that where relief through high court is available under 
Article 226, the aggrieved party should first move the high court for a number 
without providing 
226 were and continue to be regarded as integral to the 
Article 32 was ‘the very soul of the 
Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
rights, but it is itself located in Part III of the 
32 is a basic feature of 
(a) The right to move the Supreme Court by appropriate proceedings for the 
ns or orders or writs 
for the enforcement of any of the fundamental rights. The writs issued may 
warranto. 
(c) Parliament can empower any other court to issue directions, orders and writs 
above powers 
not include high 
powers on the high 
e Supreme Court shall not be suspended except as 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider in scope 
The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’. 
available under 
court for a number 
 
1. It would create hurdles for the Court
under Article 136 of the
exclusive jurisdiction on this Court
2.  In addition, it also cited fears of a growing backlog of cases
3. Finally, it also pointed to the need to inspire institutional
the judiciary as a whole: ‘Faith m
and the institution as a whole, not only in this Court alone.’
Writs: 
Habeas Corpus: It is a Latin term which literally means 
is an order issued by the court to a person who has detained 
produce the body of the latter before it.
The court then examines the cause and legality
detained person free, if the detention is found to
corpus can be issued against 
individuals. 
The writ, on the other hand, is not issued where
the proceeding is for contempt of a legislature
competent court, and (d) detention is outs
This writ was at the centre of one of the most controversial Supreme Court 
judgments- ADM Jabalpur v/s Shiv Kant Shukla
is confined and controlled by law, whether common law or statute.
judge bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
The judgment was over-ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case b
jurisprudence in India. The judgment asserted that l
inalienable to human existence and 
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in 
also by the adoption of forty
359 was amended to provide t
cannot be suspended during emergencies
 
It would create hurdles for the Court to do what this Court alone can do 
under Article 136 of the Constitution, and other provisions conferring 
sive jurisdiction on this Court. 
also cited fears of a growing backlog of cases.  
Finally, it also pointed to the need to inspire institutional confidence in 
the judiciary as a whole: ‘Faith must be inspired in the hierarchy of courts 
institution as a whole, not only in this Court alone.’ 
It is a Latin term which literally means ‘to have the body of’
issued by the court to a person who has detained another person, to 
the body of the latter before it. 
The court then examines the cause and legality of detention. It would set the 
detained person free, if the detention is found to be illegal. The writ of habeas 
corpus can be issued against both public authorities as well as private
The writ, on the other hand, is not issued where the (a) detention is lawful, (b) 
the proceeding is for contempt of a legislature or a court, (c) detention is by a 
competent court, and (d) detention is outside the jurisdiction of the court.
This writ was at the centre of one of the most controversial Supreme Court 
ADM Jabalpur v/s Shiv Kant Shukla which ruled that 
is confined and controlled by law, whether common law or statute.
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case being seen as an aberration to constitutional 
jurisprudence in India. The judgment asserted that life and personal liberty are 
ienable to human existence and constitute rights under natural law
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in Maneka Gandhi v. Union of India and 
also by the adoption of forty-fourth amendment to the Constitution.
359 was amended to provide that enforcement of rights under Article 20 and 21 
during emergencies. 
to do what this Court alone can do 
titution, and other provisions conferring 
 
confidence in 
ust be inspired in the hierarchy of courts 
‘to have the body of’. It 
another person, to 
of detention. It would set the 
The writ of habeas 
ublic authorities as well as private 
the (a) detention is lawful, (b) 
or a court, (c) detention is by a 
the jurisdiction of the court. 
This writ was at the centre of one of the most controversial Supreme Court 
which ruled that that Liberty 
is confined and controlled by law, whether common law or statute. The five 
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency. 
ruled with the Puttaswamy privacy judgment with the 
eing seen as an aberration to constitutional 
ife and personal liberty are 
constitute rights under natural law. 
The scope of the writ of habeas corpus has considerably increased by virtue of 
Maneka Gandhi v. Union of India and 
to the Constitution. Article 
nforcement of rights under Article 20 and 21 
 
Mandamus: It literally means ‘we command’. It is a command issued by the 
court to a public official asking him to perform his official duties that he has 
failed or refused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same purpose.
An innovative use of the writ of mandamus has been the idea of
mandamus’, through which the Court,
decides to monitor a case or investigation and passes orders and directions from 
time to time. 
Since a writ of mandamus lies only when the person entrusted with a duty has 
failed to perform his duty, it is a requirement in law that, prior to approaching 
the Court, the petitioner must make an unambiguous demand that the 
authority must perform its duty.
The writ of mandamus cannot be issued (a) against a private individual or
(b) to enforce departmental instruction that does not possess statutory
when the duty is discretionary and not mandatory; (d) to enforce a
obligation; (e) against the president of India or the state
against the chief justice of a 
of mandamus cannot be issued to the legislature to enact a particular legislation.
Prohibition: Literally, it means ‘to forbid’. It is issued by a higher court to a 
lower court or tribunal to prevent 
usurping a jurisdiction that it does not possess.
The writ of prohibition can be issued only against judicial and quasi
authorities. It is not available against administrative authorities,
bodies, and private individuals or bodies.
jurisdiction and not error of law. 
Certiorari: It means ‘to be certified’ or ‘to be informed’. It is issued
court to a lower court or tribunal either to trans
to itself or to squash the order of the latter in a case. It is issued
of excess of jurisdiction or lack of jurisdiction or error of law.
It can be issued against judicial
authorities affecting individual rights
bodies and private individuals or bodies.
 
It literally means ‘we command’. It is a command issued by the 
public official asking him to perform his official duties that he has 
fused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same purpose.
innovative use of the writ of mandamus has been the idea of ‘
, through which the Court, often in public interest litigation cases, 
monitor a case or investigation and passes orders and directions from 
Since a writ of mandamus lies only when the person entrusted with a duty has 
duty, it is a requirement in law that, prior to approaching 
petitioner must make an unambiguous demand that the 
authority must perform its duty. 
The writ of mandamus cannot be issued (a) against a private individual or
epartmental instruction that does not possess statutory
when the duty is discretionary and not mandatory; (d) to enforce a 
obligation; (e) against the president of India or the state governors; and (f) 
against the chief justice of a high court acting in judicial capacity. Finally, a writ 
mandamus cannot be issued to the legislature to enact a particular legislation.
Literally, it means ‘to forbid’. It is issued by a higher court to a 
prevent the latter from exceeding its jurisdiction
jurisdiction that it does not possess.  
The writ of prohibition can be issued only against judicial and quasi
authorities. It is not available against administrative authorities,
bodies, and private individuals or bodies. It is only issues when there is error of 
jurisdiction and not error of law.  
means ‘to be certified’ or ‘to be informed’. It is issued 
court to a lower court or tribunal either to transfer a case pending with the latter 
to itself or to squash the order of the latter in a case. It is issued on the grounds 
excess of jurisdiction or lack of jurisdiction or error of law. 
against judicial, quasi-judicial authorities and administrative 
affecting individual rights. It is also not available against legislative 
and private individuals or bodies.  
It literally means ‘we command’. It is a command issued by the 
public official asking him to perform his official duties that he has 
fused to perform. It can also be issued against any public body, a 
corporation, an inferior court, a tribunal or government for the same purpose. 
‘continuing 
often in public interest litigation cases, 
monitor a case or investigation and passes orders and directions from 
Since a writ of mandamus lies only when the person entrusted with a duty has 
duty, it is a requirement in law that, prior to approaching 
petitioner must make an unambiguous demand that the 
The writ of mandamus cannot be issued (a) against a private individual or body; 
epartmental instruction that does not possess statutory force; (c) 
 contractual 
governors; and (f) 
Finally, a writ 
mandamus cannot be issued to the legislature to enact a particular legislation. 
Literally, it means ‘to forbid’. It is issued by a higher court to a 
the latter from exceeding its jurisdiction or 
The writ of prohibition can be issued only against judicial and quasi-judicial 
authorities. It is not available against administrative authorities, legislative 
It is only issues when there is error of 
 by a higher 
with the latter 
on the grounds 
ministrative 
is also not available against legislative 
Page 5


 
Article 30 (Right of Minorities to Establish and Administer Educational 
Institutions): Article 30 grants the following rights to minorities
whether religious or linguistic
defined anywhere in the Constitution.
(a) All minorities shall have the right to establish and administer educational
institutions of their choice. 
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educ
abrogate the right guaranteed to them. This provision was added
Amendment Act of 1978 to protect the right of minorities in
Act deleted the right to property as a Fundamental Right
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
Minority educational institutions are of three types:
(a) institutions that seek recognition as well as aid from the State;
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the Sta
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The
are free to administer their affairs but subject to
contract law, labour law, industrial law, tax
on. 
Article 32 (Right to Constitutional Remedies):
Constitution, where the power 
Court’s decision in Marbury v Madison,
provides courts with the power to issue writs and grant remedies. It would be 
 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities
linguistic. However, the term ‘minority’ has not been 
Constitution. The rights include: 
(a) All minorities shall have the right to establish and administer educational
(b) The compensation amount fixed by the State for the compulsory
of any property of a minority educational institution shall not 
abrogate the right guaranteed to them. This provision was added by the 44th 
Amendment Act of 1978 to protect the right of minorities in this regard. The 
Act deleted the right to property as a Fundamental Right (Article 31).
(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority. 
The right under Article 30 also includes the right of a minority to impart
education to its children in its own language. 
ucational institutions are of three types: 
(a) institutions that seek recognition as well as aid from the State; 
(b) institutions that seek only recognition from the State and not aid; and
(c) institutions that neither seek recognition nor aid from the State. 
The institutions of first and second type are subject to the regulatory power
the state with regard to syllabus prescription, academic standards,
sanitation, employment of teaching staff and so on. The institutions of third type 
to administer their affairs but subject to operation of general laws like 
contract law, labour law, industrial law, tax law, economic regulations, and so 
Article 32 (Right to Constitutional Remedies): Unlike the American 
Constitution, where the power of judicial review emerged after the
decision in Marbury v Madison, the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
Article 30 (Right of Minorities to Establish and Administer Educational 
Article 30 grants the following rights to minorities (only), 
‘minority’ has not been 
(a) All minorities shall have the right to establish and administer educational 
(b) The compensation amount fixed by the State for the compulsory acquisition 
 restrict or 
by the 44th 
this regard. The 
icle 31). 
(c) In granting aid, the State shall not discriminate against any educational 
The right under Article 30 also includes the right of a minority to impart 
(b) institutions that seek only recognition from the State and not aid; and 
The institutions of first and second type are subject to the regulatory power of 
the state with regard to syllabus prescription, academic standards, discipline, 
institutions of third type 
operation of general laws like 
law, economic regulations, and so 
Unlike the American 
of judicial review emerged after the Supreme 
the Indian Constitution explicitly 
with the power to issue writs and grant remedies. It would be 
 
meaningless, the Indian founders
effective remedies for their enforcement. 
Articles 32 and 226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar,
Constitution and the very heart of it …’
important feature of Article 32 is that it does not merely guarantee the 
protection of fundamental 
Constitution. The Supreme Court has ruled that Article 
the Constitution. It contains the following four provisions:
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed.
(b) The Supreme Court shall have power to issue directio
for the enforcement of any of the fundamental rights. The writs issued
include habeas corpus, mandamus, prohibition, certiorari and quo
(c) Parliament can empower any other court to issue directions, orders and
of all kinds. However, this can be done without prejudice to the
conferred on the Supreme Court. Any other court here does
courts because Article 226 has already conferred these
courts. 
(d) The right to move the Supreme Court shall not be suspended except as
otherwise provided for by the Constitution
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. 
226 to issue directions, orders, or writs to any person or authority, including any 
government to enforce fundamental rights and ‘for any other purpose’.
Supreme Court has ruled that where relief through high court is
Article 226, the aggrieved party should first move the high
of reasons: 
 
meaningless, the Indian founders believed, to confer rights without providing 
effective remedies for their enforcement.  
226 were and continue to be regarded as integral to the 
Constitution. Indeed, for BR Ambedkar, Article 32 was ‘the very soul of the 
Constitution and the very heart of it …’Gopal Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
 rights, but it is itself located in Part III of the 
Supreme Court has ruled that Article 32 is a basic 
contains the following four provisions: 
(a) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the Fundamental Rights is guaranteed. 
(b) The Supreme Court shall have power to issue directions or orders or writs
for the enforcement of any of the fundamental rights. The writs issued
habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
(c) Parliament can empower any other court to issue directions, orders and
all kinds. However, this can be done without prejudice to the above powers 
conferred on the Supreme Court. Any other court here does not include high 
courts because Article 226 has already conferred these powers on the high 
e Supreme Court shall not be suspended except as
otherwise provided for by the Constitution (Article 359). 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider i
than that of the Supreme Court. The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’.
ruled that where relief through high court is available under 
Article 226, the aggrieved party should first move the high court for a number 
without providing 
226 were and continue to be regarded as integral to the 
Article 32 was ‘the very soul of the 
Subramanium points out that an 
important feature of Article 32 is that it does not merely guarantee the 
rights, but it is itself located in Part III of the 
32 is a basic feature of 
(a) The right to move the Supreme Court by appropriate proceedings for the 
ns or orders or writs 
for the enforcement of any of the fundamental rights. The writs issued may 
warranto. 
(c) Parliament can empower any other court to issue directions, orders and writs 
above powers 
not include high 
powers on the high 
e Supreme Court shall not be suspended except as 
Article 226 (discretionary unlike Supreme Court) provides High Courts with 
Writ Jurisdiction as well. The writ jurisdiction of High Courts is wider in scope 
The High Courts are authorised under Article 
issue directions, orders, or writs to any person or authority, including any 
fundamental rights and ‘for any other purpose’. 
available under 
court for a number 
 
1. It would create hurdles for the Court
under Article 136 of the
exclusive jurisdiction on this Court
2.  In addition, it also cited fears of a growing backlog of cases
3. Finally, it also pointed to the need to inspire institutional
the judiciary as a whole: ‘Faith m
and the institution as a whole, not only in this Court alone.’
Writs: 
Habeas Corpus: It is a Latin term which literally means 
is an order issued by the court to a person who has detained 
produce the body of the latter before it.
The court then examines the cause and legality
detained person free, if the detention is found to
corpus can be issued against 
individuals. 
The writ, on the other hand, is not issued where
the proceeding is for contempt of a legislature
competent court, and (d) detention is outs
This writ was at the centre of one of the most controversial Supreme Court 
judgments- ADM Jabalpur v/s Shiv Kant Shukla
is confined and controlled by law, whether common law or statute.
judge bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
The judgment was over-ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case b
jurisprudence in India. The judgment asserted that l
inalienable to human existence and 
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in 
also by the adoption of forty
359 was amended to provide t
cannot be suspended during emergencies
 
It would create hurdles for the Court to do what this Court alone can do 
under Article 136 of the Constitution, and other provisions conferring 
sive jurisdiction on this Court. 
also cited fears of a growing backlog of cases.  
Finally, it also pointed to the need to inspire institutional confidence in 
the judiciary as a whole: ‘Faith must be inspired in the hierarchy of courts 
institution as a whole, not only in this Court alone.’ 
It is a Latin term which literally means ‘to have the body of’
issued by the court to a person who has detained another person, to 
the body of the latter before it. 
The court then examines the cause and legality of detention. It would set the 
detained person free, if the detention is found to be illegal. The writ of habeas 
corpus can be issued against both public authorities as well as private
The writ, on the other hand, is not issued where the (a) detention is lawful, (b) 
the proceeding is for contempt of a legislature or a court, (c) detention is by a 
competent court, and (d) detention is outside the jurisdiction of the court.
This writ was at the centre of one of the most controversial Supreme Court 
ADM Jabalpur v/s Shiv Kant Shukla which ruled that 
is confined and controlled by law, whether common law or statute.
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency.
ruled with the Puttaswamy privacy judgment with the 
judgment in ADM Jabalpur case being seen as an aberration to constitutional 
jurisprudence in India. The judgment asserted that life and personal liberty are 
ienable to human existence and constitute rights under natural law
The scope of the writ of habeas corpus has considerably increased by virtue of 
the decision of the Supreme Court in Maneka Gandhi v. Union of India and 
also by the adoption of forty-fourth amendment to the Constitution.
359 was amended to provide that enforcement of rights under Article 20 and 21 
during emergencies. 
to do what this Court alone can do 
titution, and other provisions conferring 
 
confidence in 
ust be inspired in the hierarchy of courts 
‘to have the body of’. It 
another person, to 
of detention. It would set the 
The writ of habeas 
ublic authorities as well as private 
the (a) detention is lawful, (b) 
or a court, (c) detention is by a 
the jurisdiction of the court. 
This writ was at the centre of one of the most controversial Supreme Court 
which ruled that that Liberty 
is confined and controlled by law, whether common law or statute. The five 
bench opined in April 1976, with the majority deciding against habeas 
corpus, permitting unrestricted powers of detention during emergency. 
ruled with the Puttaswamy privacy judgment with the 
eing seen as an aberration to constitutional 
ife and personal liberty are 
constitute rights under natural law. 
The scope of the writ of habeas corpus has considerably increased by virtue of 
Maneka Gandhi v. Union of India and 
to the Constitution. Article 
nforcement of rights under Article 20 and 21 
 
Mandamus: It literally means ‘we command’. It is a command issued by the 
court to a public official asking him to perform his official duties that he has 
failed or refused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same purpose.
An innovative use of the writ of mandamus has been the idea of
mandamus’, through which the Court,
decides to monitor a case or investigation and passes orders and directions from 
time to time. 
Since a writ of mandamus lies only when the person entrusted with a duty has 
failed to perform his duty, it is a requirement in law that, prior to approaching 
the Court, the petitioner must make an unambiguous demand that the 
authority must perform its duty.
The writ of mandamus cannot be issued (a) against a private individual or
(b) to enforce departmental instruction that does not possess statutory
when the duty is discretionary and not mandatory; (d) to enforce a
obligation; (e) against the president of India or the state
against the chief justice of a 
of mandamus cannot be issued to the legislature to enact a particular legislation.
Prohibition: Literally, it means ‘to forbid’. It is issued by a higher court to a 
lower court or tribunal to prevent 
usurping a jurisdiction that it does not possess.
The writ of prohibition can be issued only against judicial and quasi
authorities. It is not available against administrative authorities,
bodies, and private individuals or bodies.
jurisdiction and not error of law. 
Certiorari: It means ‘to be certified’ or ‘to be informed’. It is issued
court to a lower court or tribunal either to trans
to itself or to squash the order of the latter in a case. It is issued
of excess of jurisdiction or lack of jurisdiction or error of law.
It can be issued against judicial
authorities affecting individual rights
bodies and private individuals or bodies.
 
It literally means ‘we command’. It is a command issued by the 
public official asking him to perform his official duties that he has 
fused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same purpose.
innovative use of the writ of mandamus has been the idea of ‘
, through which the Court, often in public interest litigation cases, 
monitor a case or investigation and passes orders and directions from 
Since a writ of mandamus lies only when the person entrusted with a duty has 
duty, it is a requirement in law that, prior to approaching 
petitioner must make an unambiguous demand that the 
authority must perform its duty. 
The writ of mandamus cannot be issued (a) against a private individual or
epartmental instruction that does not possess statutory
when the duty is discretionary and not mandatory; (d) to enforce a 
obligation; (e) against the president of India or the state governors; and (f) 
against the chief justice of a high court acting in judicial capacity. Finally, a writ 
mandamus cannot be issued to the legislature to enact a particular legislation.
Literally, it means ‘to forbid’. It is issued by a higher court to a 
prevent the latter from exceeding its jurisdiction
jurisdiction that it does not possess.  
The writ of prohibition can be issued only against judicial and quasi
authorities. It is not available against administrative authorities,
bodies, and private individuals or bodies. It is only issues when there is error of 
jurisdiction and not error of law.  
means ‘to be certified’ or ‘to be informed’. It is issued 
court to a lower court or tribunal either to transfer a case pending with the latter 
to itself or to squash the order of the latter in a case. It is issued on the grounds 
excess of jurisdiction or lack of jurisdiction or error of law. 
against judicial, quasi-judicial authorities and administrative 
affecting individual rights. It is also not available against legislative 
and private individuals or bodies.  
It literally means ‘we command’. It is a command issued by the 
public official asking him to perform his official duties that he has 
fused to perform. It can also be issued against any public body, a 
corporation, an inferior court, a tribunal or government for the same purpose. 
‘continuing 
often in public interest litigation cases, 
monitor a case or investigation and passes orders and directions from 
Since a writ of mandamus lies only when the person entrusted with a duty has 
duty, it is a requirement in law that, prior to approaching 
petitioner must make an unambiguous demand that the 
The writ of mandamus cannot be issued (a) against a private individual or body; 
epartmental instruction that does not possess statutory force; (c) 
 contractual 
governors; and (f) 
Finally, a writ 
mandamus cannot be issued to the legislature to enact a particular legislation. 
Literally, it means ‘to forbid’. It is issued by a higher court to a 
the latter from exceeding its jurisdiction or 
The writ of prohibition can be issued only against judicial and quasi-judicial 
authorities. It is not available against administrative authorities, legislative 
It is only issues when there is error of 
 by a higher 
with the latter 
on the grounds 
ministrative 
is also not available against legislative 
 
Importantly, certiorari can’t be issued to 
High Court cannot issue a writ t
Court cannot issue a writ to another Bench of the
jurisdiction of a High Court cannot be invoked to seek issuance of a writ of 
certiorari to the Supreme Court.
Bench of the Supreme Court can issue a writ under Article 32 of the
Constitution to any other Bench of the Supreme Court
case).  
Quo-warranto: It means ‘by what authority or warrant’. It is issued by the
to enquire into the legality of claim of a person to a public office
prevents illegal usurpation of public office by a person.
The law distinguishes between
warranto is available when a person who is 
office. The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot be
issued in cases of ministerial office or private office.
this can be sought by any interested person and
person. 
Article 33: Article 33 empowers the Parliament to restrict or abrogate the 
fundamental rights of the members of armed forces, para
forces, intelligence agencies and analogous forces.
The expression ‘members of the armed forces’ also covers such employees of
the armed forces as barbers, carpenters, mechanics, cooks, chowkidars,
bootmakers, tailors who are non
The power to make laws under Article 33 is conferred only on Parliament
not on state legislatures. Any such law made by Parliament cannot be
challenged in any court on the ground of contravention of any of the
fundamental rights. 
A parliamentary law enac
martials (tribunals established under the military law) from the writ
of the Supreme Court and the high courts, so far as the
Fundamental Rights is concerned.
 
Importantly, certiorari can’t be issued to coordinate or superior courts
High Court cannot issue a writ to another High Court. One Bench of a High 
Court cannot issue a writ to another Bench of the same High Court. The writ 
jurisdiction of a High Court cannot be invoked to seek issuance of a writ of 
Court. Similarly, neither a smaller Bench nor a larger 
Bench of the Supreme Court can issue a writ under Article 32 of the
Constitution to any other Bench of the Supreme Court (Rupa Ashok Hurra 
means ‘by what authority or warrant’. It is issued by the
legality of claim of a person to a public office
prevents illegal usurpation of public office by a person. 
The law distinguishes between eligibility and suitability, and the writ of quo 
warranto is available when a person who is ineligible is appointed to a public 
The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot be
issued in cases of ministerial office or private office. Unlike the other four writs, 
this can be sought by any interested person and not necessarily by the aggrieved 
Article 33 empowers the Parliament to restrict or abrogate the 
rights of the members of armed forces, para-military for
intelligence agencies and analogous forces. 
‘members of the armed forces’ also covers such employees of
the armed forces as barbers, carpenters, mechanics, cooks, chowkidars,
bootmakers, tailors who are non-combatants. 
e power to make laws under Article 33 is conferred only on Parliament
not on state legislatures. Any such law made by Parliament cannot be
challenged in any court on the ground of contravention of any of the
A parliamentary law enacted under Article 33 can also exclude the court
martials (tribunals established under the military law) from the writ 
of the Supreme Court and the high courts, so far as the enforcement of 
Fundamental Rights is concerned. 
superior courts, that is 
o another High Court. One Bench of a High 
same High Court. The writ 
jurisdiction of a High Court cannot be invoked to seek issuance of a writ of 
Bench nor a larger 
Bench of the Supreme Court can issue a writ under Article 32 of the 
(Rupa Ashok Hurra 
means ‘by what authority or warrant’. It is issued by the court 
legality of claim of a person to a public office. Hence, it 
, and the writ of quo 
is appointed to a public 
The writ can be issued only in case of a substantive public office of a 
permanent character created by a statute or by the Constitution. It cannot be 
e the other four writs, 
not necessarily by the aggrieved 
Article 33 empowers the Parliament to restrict or abrogate the 
military forces, police 
‘members of the armed forces’ also covers such employees of 
the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, 
e power to make laws under Article 33 is conferred only on Parliament and 
not on state legislatures. Any such law made by Parliament cannot be 
challenged in any court on the ground of contravention of any of the 
ted under Article 33 can also exclude the court 
 jurisdiction 
enforcement of