Tag: fundamental rights- part i

Fundamental rights are universal, which means that they are granted to all the Citizens of India. They are not absolute rights means they can be taken away in emergency in India.

The fundamental principle of the democracy upon which the democracy is founded is the political equality which provides for the participation of all people in the democratic process without any discrimination as to gender, race, caste, colour etc.

Anything that is issued under an authority is a writ. Orders, Warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction. 

It means '' by what order.'' This writ prevents public officers from forcibly or wrongly holding a high public office.

It means 'to have the body.' The Supreme Court or the High Court can get the body of any person released if it has been unlawfully detained by any person or by the State. It is a safeguard for the personal freedom of a citizen. 

Habeas corpus is recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official. The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement being a remedy available to the meanest against the mightiest. It summons with the force of a court order and it is addressed to the custodian and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner.

Rights are legal and moral entitlements or claims of a person over other fellow beings, over society and over the government. A claim cannot become a right unless it is recognized by society. Claims that are recognized by society as rightful form the basis of rights. With changing times, the scope and meaning of rights also changes. Claims need to be reasonable, recognized by society and sanctioned by law. Rights are the basic requirement to sustain a democracy.

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful. It can be issued by Supreme Court or the High Court against both public authorities as well as private individuals.

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.