Types of Rights Issued by the Supreme Court and High Courts in India
The Supreme Court and High Courts in India have the authority to issue various types of rights to protect the fundamental rights of citizens. Here are the key types:
1. Writs
The Constitution of India empowers the Supreme Court and High Courts to issue writs for the enforcement of fundamental rights. The main types of writs include:
- Habeas Corpus: This writ is used to secure the release of a person who is unlawfully detained. It ensures that no individual is held without legal justification.
- Mandamus: This writ commands a person, usually a public authority, to perform a duty that they are legally obligated to execute.
- Prohibition: Issued by a higher court to prevent a lower court from exceeding its jurisdiction or acting contrary to the law.
- Quo Warranto: This writ is used to challenge the legality of a person’s claim to a public office.
- Certiorari: This writ orders a lower court to send the records of a case for review, ensuring that the higher court can assess its legality.
2. Public Interest Litigation (PIL)
- PIL allows individuals or groups to file petitions in court for the protection of public interest, particularly in cases of social injustice or violation of rights. This mechanism enhances access to justice for marginalized sections of society.
3. Judicial Review
- The power of judicial review enables the Supreme Court and High Courts to assess the constitutionality of legislative and executive actions, protecting citizens against arbitrary governance.
4. Fundamental Rights Enforcement
- The courts play a crucial role in enforcing fundamental rights enshrined in the Constitution, acting as guardians against violations by the state or other entities.
These rights and mechanisms ensure that the judiciary remains a robust protector of individual freedoms and social justice in India.