Constitutional Writs & Judicial Remedies: Article 32 vs 226, PIL, Judicial Activism

Writs and judicial remedies are among the most frequently tested Polity topics in Kerala PSC exams. Questions focus on the five writs, Article 32 vs. 226 differences, PIL, and contempt powers. Master the tables below.

1. Constitutional Writs — Overview

Fact	Detail
Article 32	Right to Constitutional Remedies — Supreme Court can issue writs
Article 226	High Courts can also issue writs
Article 32 described as	”Heart and soul of the Constitution” by Dr. B.R. Ambedkar
Article 32 is itself	A Fundamental Right (Part III)
Cannot be suspended	Even during Emergency, Article 32 for enforcement of Article 20 and 21 cannot be suspended
Borrowed from	English law (prerogative writs)

2. The Five Writs — Detailed

Habeas Corpus (“To have the body”)

Feature	Detail
Meaning	”You may have the body” — produce the detained person before court
Purpose	Protects personal liberty against unlawful detention
Issued against	Both public authorities and private individuals
Filed by	Any person on behalf of the detained person (not necessarily the detained person)
Cannot be issued	For lawful detention, detention under court order, legislative privilege, contempt of court

Mandamus (“We command”)

Feature	Detail
Meaning	”We command” — directs a public authority to perform its duty
Purpose	Compels performance of a public duty
Issued against	Public officials, government, tribunals, lower courts, statutory bodies
Cannot be issued against	Private individuals or bodies; the President or Governor; during discretionary duties
Key condition	There must be a legal duty and a corresponding legal right of the petitioner
Cannot compel	Legislature to make a law

Prohibition (“To forbid”)

Feature	Detail
Meaning	”To forbid” — prevents a lower court or tribunal from exceeding jurisdiction
Purpose	Stops inferior courts from acting beyond their authority
Issued by	Higher court to lower court/tribunal
Issued against	Only judicial/quasi-judicial bodies (not administrative or legislative bodies)
When issued	Before the proceedings are completed (preventive)
Difference from Certiorari	Prohibition is preventive (before decision); Certiorari is curative (after decision)

Certiorari (“To be certified”)

Feature	Detail
Meaning	”To be certified” — quashes orders of lower court/tribunal that exceeded jurisdiction
Purpose	Corrects errors of jurisdiction; quashes invalid orders
Issued by	Higher court to lower court/tribunal
Originally against	Judicial/quasi-judicial bodies only
Expanded	After Hari Vishnu Kamath case and Syed Yakoob case — also against administrative authorities
When issued	After the order has been passed (curative)

Quo Warranto (“By what authority”)

Feature	Detail
Meaning	”By what authority” — questions the legal authority of a person holding public office
Purpose	Prevents usurpation of public office
Issued against	Person holding a public office to which they have no legal right
Key condition	Office must be public, substantive, and created by statute or Constitution
Filed by	Any person (not just the aggrieved person) — public interest action
Cannot be issued	Against private offices or ministerial posts (appointed, not statutory)

3. Comparison Table — All Five Writs

Writ	Purpose	Against Whom	Key Feature
Habeas Corpus	Personal liberty	Public and private persons	”Produce the body”
Mandamus	Compel public duty	Public officials only	”We command”
Prohibition	Prevent excess jurisdiction	Lower courts/tribunals	Preventive (before decision)
Certiorari	Quash illegal orders	Lower courts/tribunals/admin bodies	Curative (after decision)
Quo Warranto	Challenge office-holding	Persons holding public office	”By what authority”

4. Article 32 vs. Article 226

Feature	Article 32 (Supreme Court)	Article 226 (High Court)
Court	Supreme Court only	High Court
Scope	Fundamental Rights only	Fundamental Rights AND other legal rights
Nature	Fundamental Right itself	Not a Fundamental Right; constitutional right
Can be suspended?	Only partly during Emergency (not for Art 20 and 21)	Can be suspended during Emergency
Territorial jurisdiction	Entire India	Within territorial jurisdiction of the High Court
Refusal to entertain	SC cannot refuse if FR is violated (right, not discretion)	HC may refuse on discretion
Described as	”Heart and soul of the Constitution” (Ambedkar)	Wider power but discretionary
Writ types	All 5 writs	All 5 writs

5. Public Interest Litigation (PIL)

Feature	Detail
Definition	Litigation filed in court for protection of public interest
Introduced by	Justice P.N. Bhagwati and Justice V.R. Krishna Iyer (late 1970s-80s)
First PIL case	Hussainara Khatoon v. State of Bihar (1979) — undertrial prisoners’ rights
Key feature	Any public-spirited person can file; aggrieved person need not file personally
Filed under	Article 32 (Supreme Court) or Article 226 (High Court)
Relaxed rules	Even a postcard/letter can be treated as PIL
Purpose	Access to justice for poor, marginalised, and voiceless sections of society
Criticism	Judicial overreach; misuse by frivolous petitions

Landmark PIL Cases

Case	Year	Issue
Hussainara Khatoon v. State of Bihar	1979	Right to speedy trial for undertrial prisoners
S.P. Gupta v. Union of India	1982	Judges’ transfer case; expanded PIL concept
M.C. Mehta v. Union of India	1986+	Environmental protection (Ganga pollution, Taj Mahal)
Vishaka v. State of Rajasthan	1997	Sexual harassment guidelines at workplace
Unni Krishnan v. State of AP	1993	Right to education as fundamental right

6. Judicial Activism

Feature	Detail
Definition	Proactive role of judiciary in protecting rights and holding government accountable beyond traditional adjudication
Methods	PIL, judicial review, interpreting Constitution expansively (especially Article 21)
Supporters say	Protects rights when executive/legislature fail
Critics say	Amounts to judicial overreach; violates separation of powers
Examples	Banning child labour in hazardous industries, environmental orders, right to privacy

7. Contempt of Court

Feature	Detail
Constitutional basis	Article 129 (SC) and Article 215 (HC) — courts of record with contempt powers
Legislation	Contempt of Courts Act, 1971
Civil contempt	Wilful disobedience of court order, judgment, or undertaking
Criminal contempt	Scandalises or lowers authority of court; interferes with judicial proceedings; obstructs administration of justice
Exception	Fair and accurate reporting of judicial proceedings is not contempt
Truth as defence	Added by 2006 Amendment — truth can be a valid defence if in public interest and bona fide
Punishment	Simple imprisonment up to 6 months, or fine up to Rs 2,000, or both

8. PSC Quick Revision — One-Liners

• Article 32: Right to Constitutional Remedies (SC); “Heart and soul of Constitution” — Ambedkar
• Article 226: High Court writ jurisdiction (wider scope than Article 32)
• Habeas Corpus = only writ available against private individuals
• Mandamus = cannot be issued against President, Governor, or private persons
• Prohibition = preventive (before decision); Certiorari = curative (after decision)
• Quo Warranto = anyone can file, not just aggrieved person
• PIL introduced by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer
• First PIL: Hussainara Khatoon v. State of Bihar (1979)
• Contempt of Courts Act, 1971; truth as defence added by 2006 Amendment
• Article 226 is wider than Article 32 — covers legal rights beyond fundamental rights
• During Emergency, Article 32 for Articles 20 and 21 cannot be suspended

Related Notes

Hub: Indian Polity — Complete Guide for Kerala PSC

More on Fundamental Rights, Duties and Remedies:

• Fundamental Rights Detailed
• Fundamental Duties
• Writs Pil Detailed

Practice this topic: Writs & Articles Quiz