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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

A right is only as good as the remedy behind it. Article 32 makes the remedy itself a Fundamental Right: any person may go straight to the Supreme Court. The High Courts have a similar but wider power under 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.
PointArticle 32Article 226
CourtSupreme CourtHigh Court
Place in the ConstitutionPart III, so it is itself a Fundamental RightPart VI, a power of the High Courts
Can be used forFundamental Rights onlyFundamental 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:

CDS · 2024 · CDS (I) 2024 — General Knowledge · Q100Easy

Example 1 · Fundamental Rights, DPSP and Local Governance · Writs and Constitutional Remedies

According to B. R. Ambedkar, which one among the following Articles is the 'heart and soul' of the Constitution of India?

The High Court's writ power is the wider one

The Supreme Court under Article 32 enforces Fundamental Rights only. A High Court under Article 226 can issue writs for any other purpose too.

Heart and soul is Article 32

Ambedkar's phrase was for Article 32, the right to constitutional remedies, not Article 21 or any other right.

Concept 2 of 2: The five writs

Each writ is a Latin name for one job. Habeas corpus frees a person held without legal cause, mandamus makes an official do a duty, prohibition stops a lower court before it acts, certiorari undoes what a lower court has done, and quo warranto removes a person from an office he has no right to hold.

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.
WritMeaningWhat it does
Habeas corpusYou may have the bodyProduce a detained person so the court can test the detentionQ
Asked twice: CDS 2022 (I) and CDS 2026 (II).
MandamusWe commandMake a public official do a public duty
ProhibitionTo forbidStop a lower court from going on with a pending case
CertiorariTo be certifiedQuash an order a lower court has already passed
Quo warrantoBy what authorityRemove 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:

CDS · 2019 · CDS (I) 2019 — General Knowledge · Q8Moderate

Example 2 · Fundamental Rights, DPSP and Local Governance · Writs and Constitutional Remedies

Which among the following writs is issued to quash the order of a Court or Tribunal?

Prohibition stops, certiorari undoes

Prohibition is issued while the case is still pending. Once the lower court has passed its order, the writ to quash it is certiorari.

Quo warranto needs a substantive public office

The office must be public, created by law or the Constitution, and substantive. A private post or a servant's post under another officer does not qualify.

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
PointArticle 32Article 226
CourtSupreme CourtHigh Court
Place in the ConstitutionPart III, so it is itself a Fundamental RightPart VI, a power of the High Courts
Can be used forFundamental Rights onlyFundamental 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
WritMeaningWhat it does
Habeas corpusYou may have the bodyProduce a detained person so the court can test the detentionQ
Asked twice: CDS 2022 (I) and CDS 2026 (II).
MandamusWe commandMake a public official do a public duty
ProhibitionTo forbidStop a lower court from going on with a pending case
CertiorariTo be certifiedQuash an order a lower court has already passed
Quo warrantoBy what authorityRemove 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)

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.