CDS Polity · Fundamental Rights, DPSP and Local Governance
Writs and Constitutional Remedies
Article 32, the right to go to the Supreme Court when a Fundamental Right is broken, how it differs from a High Court's power under Article 226, and the five writs the courts issue.
Why this matters
7 CDS questions: 3 EASY, 2 MODERATE and 2 HARD. Habeas corpus has been asked twice in almost the same words, in CDS 2022 (I) and 2026 (II). The writ questions give a job (quash an order, free a prisoner) and ask for its name, so learn each writ by what it does.
Concept 1 of 2: Article 32 and Article 226
Definition
The points CDS tests:
- Article 32 is in Part III, so the right to move the Supreme Court is itself a Fundamental Right. Dr B. R. Ambedkar called it the heart and soul of the Constitution.
- Article 32 can be used only to enforce Fundamental Rights. A claim under ordinary law goes to a High Court or another court.
- Article 32(3): Parliament may by law let any other court issue these writs within its local limits.
- Article 226 lets a High Court issue writs for Fundamental Rights and for any other purpose, so the High Court's writ power is wider than the Supreme Court's.
| Point | Article 32 | Article 226 |
|---|---|---|
| Court | Supreme Court | High Court |
| Place in the Constitution | Part III, so it is itself a Fundamental Right | Part VI, a power of the High Courts |
| Can be used for | Fundamental Rights only | Fundamental Rights and any other legal rightQ CDS 2021 (II): 'the writ jurisdiction of High Courts is wider than the Supreme Court's' was a correct statement. |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
Example 1 · Fundamental Rights, DPSP and Local Governance · Writs and Constitutional Remedies
The High Court's writ power is the wider one
Heart and soul is Article 32
Concept 2 of 2: The five writs
Definition
The five writs:
- Habeas corpus (you may have the body): the detained person must be produced so the court can test the detention.
- Mandamus (we command): orders a public official or body to do a public duty it has failed to do.
- Prohibition (to forbid): stops a lower court or tribunal from going on with a case still pending beyond its powers.
- Certiorari (to be certified): quashes an order already passed by a lower court or tribunal, or moves the case up.
- Quo warranto (by what authority): asks a person holding a public office by what right he holds it. The office must be public, created by a statute or the Constitution, substantive (an independent office, not a servant's post), and held against the law.
| Writ | Meaning | What it does |
|---|---|---|
| Habeas corpus | You may have the body | Produce a detained person so the court can test the detentionQ Asked twice: CDS 2022 (I) and CDS 2026 (II). |
| Mandamus | We command | Make a public official do a public duty |
| Prohibition | To forbid | Stop a lower court from going on with a pending case |
| Certiorari | To be certified | Quash an order a lower court has already passed |
| Quo warranto | By what authority | Remove a person from a public office he holds against the lawQ CDS 2020 (II): the office must be substantive, so 'must not be substantive' is not a condition. |
Practice this conceptself-check · 4 quick reps
The same idea in a real exam question:
Example 2 · Fundamental Rights, DPSP and Local Governance · Writs and Constitutional Remedies
Prohibition stops, certiorari undoes
Quo warranto needs a substantive public office
Summary — formulas & gotchas at a glance
A revision cheat-sheet for the formulas and gotchas above. Click any concept name to jump back to its full explanation.
Reference tables (2)
Article 32 and Article 2263 rows
| Point | Article 32 | Article 226 |
|---|---|---|
| Court | Supreme Court | High Court |
| Place in the Constitution | Part III, so it is itself a Fundamental Right | Part VI, a power of the High Courts |
| Can be used for | Fundamental Rights only | Fundamental Rights and any other legal rightQ CDS 2021 (II): 'the writ jurisdiction of High Courts is wider than the Supreme Court's' was a correct statement. |
The five writs5 rows
| Writ | Meaning | What it does |
|---|---|---|
| Habeas corpus | You may have the body | Produce a detained person so the court can test the detentionQ Asked twice: CDS 2022 (I) and CDS 2026 (II). |
| Mandamus | We command | Make a public official do a public duty |
| Prohibition | To forbid | Stop a lower court from going on with a pending case |
| Certiorari | To be certified | Quash an order a lower court has already passed |
| Quo warranto | By what authority | Remove a person from a public office he holds against the lawQ CDS 2020 (II): the office must be substantive, so 'must not be substantive' is not a condition. |
Watch out for (4)
- The High Court's writ power is the wider one→ Article 32 and Article 226
- Heart and soul is Article 32→ Article 32 and Article 226
- Prohibition stops, certiorari undoes→ The five writs
- Quo warranto needs a substantive public office→ The five writs
Test yourself on Fundamental Rights, DPSP and Local Governance
20 past CDS questions from this chapter, timed at 20 minutes and marked the way the exam marks it. You see your score and every answer the moment you finish. Free to start.