Bhavya Nayyar, Fair Field Institute of Management and Technology & Usha Jamnal, I.M.E College of Law
ABSTRACT
A Right without remedy is meaningless formality. It is the remedy which makes right real” these were the words of Dr. Ambedkar when he was describing the Article 32 of the Indian Constitution. The Article 32 of the Indian Constitution is said to be the “the protector and the guarantor of fundamental rights”. The Article 32 and Article 226 of the Indian Constitution provide the remedies for the enforcement of Rights conferred by this part. The Legal meaning of the “writs is command in writing in the name of the court”. These are legal documents which order a person or entity to perform or cease to perform a work for which they are legally bound. As any provision of the constitution will be meaningless unless and until there are adequate safeguards to ensure enforcements of such provisions. The Indian constitution has provided Five Type of (i) Habeas Corpus, (ii) Certiorari, (iii) Mandamus, (iv)Quo-Warranto and (v) Prohibition. These writs are the saviors of the constitution. Writs provide the safeguards against the infringement of the legal rights of the citizens of India. The Right to file writs is providing to the citizens of INDIA against their infringements of Fundamental Rights and for the enforcement of their fundamental rights. In a number of cases the Hon’ble Supreme Court of India and various High courts of the different states have given the various important judgments.
