Remedies for enforcement of fundamental rights
Provides a route to the Supreme Court for enforcement of fundamental rights.
Official law source ↗Civil & constitutional · LEGAL ISSUE GUIDE
Writ Petition / Habeas Corpus
रिट याचिका
Search constitutional remedies before the Supreme Court and High Courts.
Understanding this legal issue
Search constitutional remedies before the Supreme Court and High Courts.
Article 32 and Article 226 differ in scope and conditions. Jurisdiction, maintainability and alternate remedies require legal assessment.
Key question: Is the claim for enforcement of a fundamental right or another legal right?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST
Core constitutional provisions
High Courts’ power to issue writs
Enables High Courts to issue directions, orders or writs within the constitutional framework.
Official law source ↗Related powers
Power of superintendence of High Courts
Concerns High Court superintendence over courts and tribunals within its jurisdiction.
Official law source ↗Special leave to appeal by Supreme Court
Provides discretionary special leave jurisdiction subject to constitutional limits.
Official law source ↗Enforcement of decrees and orders; complete justice
Concerns the Supreme Court’s constitutional powers for complete justice in matters before it.
Official law source ↗Rights
Equality before law
Addresses equality before the law and equal protection of laws.
Official law source ↗Protection of certain freedoms
Protects specified freedoms, subject to constitutionally permitted restrictions.
Official law source ↗Protection of life and personal liberty
Protects life and personal liberty, subject to procedure established by law and constitutional interpretation.
Official law source ↗Protection against arrest and detention
Sets out safeguards concerning arrest and detention, subject to constitutional exceptions.
Official law source ↗Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.