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Article 32: the right to constitutional remedies and the five writs

LUG-104 Constitutional Law-I, Unit IV: Right to constitutional remedies (Article 32). · LLB · 60 min

Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights and arms the Court with the five writs. This lecture reads the Article clause by clause, explains each writ with its grounds and leading case, compares Article 32 with Article 226, and covers public interest litigation, res judicata, curative petitions, the basic-structure status of judicial review and suspension during an emergency. A seven-mark question on Article 32 has appeared in almost every LUG-104 paper since 2018.

Objectives

Slides

  1. What Article 32 says
  2. The nature of the right under Article 32
  3. Article 32 and Article 226 compared
  4. Habeas corpus: 'have the body'
  5. Mandamus: 'we command'
  6. Prohibition and certiorari: controlling courts and tribunals
  7. Quo warranto: 'by what authority?'
  8. Locus standi, public interest litigation and judicial activism
  9. Limits on the remedy: res judicata, delay and the curative petition
  10. Article 32, the basic structure and the tribunals
  11. Suspension during an emergency: Article 359 and the 44th Amendment
  12. How the examiner asks it

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