Fundamental Rights

Part III of the Constitution assures every citizen and in some cases all persons, certain basic rights which cannot ordinarily be abrogated by the State. To make these rights effective, the Constitution provides 'Writ' remedies whereby the superior courts (i.e. the Supreme Court and the High Courts) are vested with the power to enforce these rights by issuing mandatory directions to appropriate authorities.

No law made by the State Legislatures or Parliament can infringe these fundamental rights. In order to enforce the fundamental rights, the superior courts are conferred with the power to issue the following writs:

• Mandamus

  This implies a judicial direction to an authority to do something.

• Quo Warranto

  It is directed against an 'usurper' of a public office.

• Certiorari

  This implies a correction to the erroneous determination by a lower court, acting on the basis of that court's record.

• Prohibition

  An order of the superior court directing the lower court not to exceed its jurisdiction in a particular matter.

• Habeas Corpus

  An order calling upon the person who has detained another to produce the latter before the court and state the reasons for detention.

• Article 19 (1) of the Constitution confers upon all citizens the right to certain fundamental freedoms. They are:

• 1Freedom of speech and expression.
• 2Peaceful assembly without arms.
• 3Formation of associations or unions.
• 4Free movement throughout the territory of India.
• 5Residence and settlement in any part of the territory of India.
• 6Practice of any profession or carrying on of any occupation, trade or business.