Q: What is the concept of Writ Jurisdiction i.e., violation of fundamental rights ?
Ans: The right to approach the Supreme Court for enforcement of any of the rights mentioned in the Part llI of the Constitution is protected under Article 32 of the Constitution. Any person, whose fundamental rights have been infringed, is at the liberty to move the Supreme Court for enforcement of the rights concerned. Further the Supreme Court has the powers to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the fundamental rights conferred.
The Writ Petition seeking afore-mentioned remedies can be preferred to the Supreme Court in the procedure prescribed under Order XXXVIll of the Supreme Court Rules, 2013.
No Court-fees is payable on petitions for habeas corpus or other petitions under Article 32 of the Constitution arising out of criminal proceedings, or in proceedings connected with such petition.
Comments
Post a Comment