ISC Class 12 · Fundamental Rights and Directive Principles

Right to Constitutional Remedies and the Five Writs (ISC Class 12 Political Science)

Updated 17 October 2026 · Fact-checked

The Right to Constitutional Remedies (Article 32) lets a person go directly to the Supreme Court to enforce a Fundamental Right. The Court can issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. High Courts have a wider power to issue writs under Article 226. Dr B.R. Ambedkar called Article 32 the heart and soul of the Constitution.

Article 32 lets you go to the Supreme Court, which can issue five writs; match each writ name to its one-line job.

Illustration drawn for QuestionBuddy.

Understand Right to Constitutional Remedies and the Five Writs

Why this topic matters. The syllabus requires a "detailed study of all Fundamental Rights". The sixth right, the Right to Constitutional Remedies, is the one that makes the others enforceable. Recent questions have asked for the right named in Article 32; the five writs are a standard 4-mark question.

1. Article 32.

Guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights (Article 32(1)).
The Supreme Court has the power to issue directions, orders or writs (Article 32(2)).
Parliament may by law empower other courts to exercise these powers (Article 32(3)).
The right cannot be suspended except as provided by the Constitution, that is, during a national emergency when the President suspends the right under Article 359.
Dr B.R. Ambedkar described it as "the very soul of the Constitution and the very heart of it" in the Constituent Assembly debates.
Article 32 is itself a Fundamental Right, so the Supreme Court cannot refuse to hear a genuine petition on the ground that another remedy exists, though it may ask a petitioner to go to a High Court.

2. Article 226 (High Courts). High Courts can issue writs for the enforcement of Fundamental Rights and for any other purpose (for example, enforcement of a legal right). Their power is therefore wider than that of the Supreme Court under Article 32, but is limited to their territorial jurisdiction.

3. The five writs.

Writ	Meaning	When issued	Example
Habeas corpus ("you may have the body")	Orders a person holding another in custody to produce him or her before the court	Against illegal detention, by the authority or by a private person	A person is held by the police for three days without being produced before a magistrate
Mandamus ("we command")	Commands a public official or body to perform a public legal duty	When a duty is not performed	An office refuses to issue a licence that the law requires it to issue
Prohibition	Forbids a lower court or tribunal from exceeding its jurisdiction or acting against natural justice	While proceedings are still pending	A tribunal begins to hear a case outside its power
Certiorari ("to be certified")	Orders a lower court or authority to send up its record so that a decision made without jurisdiction or in error of law can be quashed	After a decision has been made	A tribunal decided a case against natural justice
Quo warranto ("by what authority")	Asks a person holding a public office on what authority he or she holds it; if not entitled, the person is removed	Against illegal occupation of a public office	A person with no legal qualification occupies a public post

*Distinctions:* prohibition is issued while a case is pending; certiorari after a decision. Habeas corpus can be issued against both public authorities and private persons; mandamus is not issued against private individuals, nor against the President or Governors personally.

4. Public interest litigation (PIL). Courts have relaxed the rules about who may approach them (locus standi), so that a person or group may petition on behalf of those who cannot approach the court because of poverty or disadvantage. The courts have used Articles 32 and 226 for this purpose.

5. Importance.

1. Makes the rights real: a right without a remedy would be a promise on paper.
2. Gives citizens a quick, direct way to reach the highest court.
3. Makes the Supreme Court the guardian of Fundamental Rights.
4. Keeps the executive and lower courts within the law.

6. Limits. Suspension of the right during national emergency under Article 359 (except for Articles 20 and 21); the courts' rules about delay and alternative remedies; and writs are discretionary, not an absolute claim.

Right to Constitutional Remedies and the Five Writs: key facts

Article 32: Move the Supreme Court directly
Directions, orders or writs
Cannot be suspended except under Article 359
Heart and soul of the Constitution (Dr Ambedkar); The right itself is a Fundamental Right.
Five writs: Habeas corpus
Mandamus
Prohibition
Certiorari
Quo warranto; Memorise in this order.
Meanings: Habeas corpus produce the body
Mandamus we command
Prohibition stop
Certiorari send the record
Quo warranto by what authority; One phrase each.
Article 32 and Article 226: Supreme Court: Fundamental Rights only | High Courts: Fundamental Rights and other purposes; High Courts wider in purpose.

Habeas corpus	produce the body
Mandamus	we command
Prohibition	stop
Certiorari	send the record
Quo warranto	by what authority

How to answer Right to Constitutional Remedies and the Five Writs questions

Typical items: "Which Article is the heart and soul of the Constitution?" (1 mark), "Explain any two writs" (2 to 4 marks), or "Explain the Right to Constitutional Remedies" (4 to 6 marks).

1Write Article 32 first with its three clauses and Ambedkar's description.
2Define each writ with its literal meaning and when it is used.
3Give a simple example for each writ.
4Distinguish prohibition from certiorari by timing.
5Add Article 226 and one line on importance.

Right to Constitutional Remedies and the Five Writs in real life

The idea, met in an everyday situation. Answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Habeas corpus

Suppose a person is kept in a locked room by a group and a relative asks the court to order that the person be brought before it.

Which writ would the relative seek?

Try it first, then show the solutionSolution

The request is to produce the person before the court.
That is a habeas corpus petition.

Answer: Habeas corpus.

Memory hook: Bring the body.

Prohibition and certiorari

Imagine a school appeals committee starting to hear a case outside its powers; a higher authority first stops it while the hearing is on, and later cancels a decision that it had already made in another similar case.

Name the two orders.

Try it first, then show the solutionSolution

Stopping the proceedings while pending is prohibition.
Quashing the decision already made is certiorari.

Answer: Prohibition (while pending) and certiorari (after the decision).

Memory hook: Stop before; quash after.

Tricks to remember Right to Constitutional Remedies and the Five Writs

Short memory aids. Say each one aloud once, then use it on a question the same day.

Five writs: H-M-P-C-Q
Habeas corpus, Mandamus, Prohibition, Certiorari, Quo warranto.
Use it when: Listing writs.
Timing
Prohibition = pending; certiorari = decided.
Use it when: Distinguishing the two.
Quo warranto
"Quo" = by what; "warranto" = authority.
Use it when: Meaning.

Right to Constitutional Remedies and the Five Writs: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Article · 1 mark · MCQBoard level

Which Article gives the right to move the Supreme Court for the enforcement of Fundamental Rights?
(a) Article 14
(b) Article 21
(c) Article 32
(d) Article 226

Try it first, then show the solutionSolution

Article 32 (1 mark).

Answer: (c) Article 32

Example 2: Writ meaning · 2 marks · Very short answerBoard level

What is the writ of habeas corpus? When is it used? (2 marks)

Try it first, then show the solutionSolution

Order to produce the detained person before the court (1 mark).
Used against illegal detention (1 mark).

Answer: Habeas corpus literally means "you may have the body". It is an order to the person or authority holding someone in custody to produce him or her before the court so that the court can decide whether the detention is lawful. It is used against illegal detention.

Example 3: Assertion and reason · 1 mark · Assertion-reasonHarder board level

Assertion (A): The writ of mandamus cannot be issued against a private individual.
Reason (R): Mandamus commands the performance of a public duty.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.

Try it first, then show the solutionSolution

Private persons owe no public duty, so R explains A (1 mark).

Answer: (a) Both A and R are true and R is the correct explanation of A.

Example 4: Distinguish · 4 marks · Short answerHarder board level

Distinguish between the writs of prohibition and certiorari, and give an example of each. (4 marks)

Try it first, then show the solutionSolution

Prohibition meaning and timing (1 mark).
Prohibition example (1 mark).
Certiorari meaning and timing (1 mark).
Certiorari example (1 mark).

Answer: Prohibition is issued by a higher court to a lower court or tribunal to stop it from proceeding with a case that is outside its jurisdiction or against natural justice; it is issued while proceedings are pending. Example: a tribunal begins to hear a matter outside its powers. Certiorari is issued after a decision has been made, calling for the record of the case so that the decision, if made without jurisdiction or with an error of law, can be quashed. Example: a tribunal has decided a case without hearing the other side.

Example 5: Article 32 discussion · 6 marks · Long answerHOTS / competency

"Article 32 is the heart and soul of the Constitution." Explain the statement and compare Articles 32 and 226. (6 marks)

Try it first, then show the solutionSolution

Meaning of Article 32 (2 marks).
Importance (2 marks).
Comparison (2 marks).

Answer: Article 32 gives every person the right to move the Supreme Court directly to enforce a Fundamental Right, and empowers it to issue directions, orders or writs. Dr B.R. Ambedkar described it as the heart and soul of the Constitution because without such a remedy the rights would be only declarations. The right is itself fundamental and cannot be suspended except during an emergency under Article 359. It makes the Supreme Court the guardian of the Fundamental Rights.

Article 226 gives the High Courts the power to issue writs for the enforcement of Fundamental Rights and for any other purpose. Thus the High Courts have a wider range of subject matter, but only within their territorial jurisdiction, while the Supreme Court under Article 32 deals only with Fundamental Rights but has jurisdiction over the whole of India.

Where students lose marks in Right to Constitutional Remedies and the Five Writs

The slips examiners see most often, and what to write instead.

Mistake: Writing only the names of writs
No meanings or examples.
Wrong working
Habeas corpus, mandamus, prohibition, certiorari, quo warranto.
Right working
Name, literal meaning, use and example.
Do this: Four items per writ.
Usually costs: 2 marks.
Mistake: Mixing prohibition and certiorari
Same-sounding functions.
Wrong working
Certiorari is issued while the case is pending.
Right working
Prohibition is while pending; certiorari is after the decision.
Do this: Time test.
Usually costs: 1 mark.
Mistake: Saying Article 32 is available only to citizens
Mixing with Article 19.
Wrong working
Only citizens can use Article 32.
Right working
Any person (citizen or non-citizen) whose Fundamental Right has been violated may use it, if the right in question is available to persons, as Articles 14 and 21 are.
Do this: Read the right carefully.
Usually costs: 1 mark.

Exam tips

Always quote Article 32 and Dr Ambedkar's description.
Give literal meanings for the Latin terms.
Give one example for each writ.
Mention Article 226 and Article 359.

Practice questions on Right to Constitutional Remedies and the Five Writs

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

Q1 · 1 mark · MCQBoard level
The writ asking a person holding a public office "by what authority" he or she holds it is:
(a) Mandamus
(b) Quo warranto
(c) Prohibition
(d) Certiorari
Hint
Literal meaning.
Answer
(b) Quo warranto.
Q2 · 2 marks · Very short answerHarder board level
State two differences between Article 32 and Article 226. (2 marks)
Hint
Court; purpose.
Answer
(i) Article 32 concerns the Supreme Court and Article 226 the High Courts. (ii) Under Article 32 writs are issued for Fundamental Rights only; under Article 226 the High Courts may issue them for Fundamental Rights and for any other purpose.
Q3 · 1 mark · Assertion-reasonHarder board level
Assertion (A): The right under Article 32 can be suspended in all circumstances.
Reason (R): The Constitution allows the suspension of the right during a national emergency by a Presidential order under Article 359.
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true but R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
Hint
"In all circumstances" is too strong.
Answer
(d) A is false but R is true.
Q4 · 4 marks · Short answerHarder board level
Explain mandamus and quo warranto with an example each. (4 marks)
Hint
Duty; authority.
Answer
Mandamus means "we command" and is a writ commanding a public official or body to perform a public legal duty that it has failed to perform, for example, an authority refusing to issue a licence that the law entitles an applicant to get. Quo warranto means "by what authority" and is issued to a person holding a public office, asking the basis of his or her claim; if the person has no legal right, the person can be removed, for example, someone who holds a post without the required qualification.
Q5 · 6 marks · Long answerHOTS / competency
Suppose a person is held in a police station for several days and is not produced before a magistrate. Name the writ, the Fundamental Right involved, and the courts that can be approached, explaining the steps the court would follow. (6 marks)
Hint
Article 22; habeas corpus; Articles 32 and 226.
Answer
The writ is habeas corpus. The Fundamental Right involved is the Right to Freedom, specifically the protection against arbitrary arrest and detention under Article 22, which requires that an arrested person be produced before a magistrate within 24 hours (excluding travel time), as well as personal liberty under Article 21. The person or a relative may approach the Supreme Court under Article 32 or the High Court under Article 226. The court issues the writ, ordering the police to produce the detained person before it. It examines whether the detention is lawful; if it is not, it orders the release of the person. If it is lawful, the court refuses release. Thus the writ protects personal liberty against the state.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1.Which Article is the Right to Constitutional Remedies?Show answer
Article 32.
2.How many writs can the Supreme Court issue?Show answer
Five.
3.What does habeas corpus mean?Show answer
"You may have the body".
4.Which Article gives writ powers to High Courts?Show answer
Article 226.
5.Who called Article 32 the heart and soul of the Constitution?Show answer
Dr B.R. Ambedkar.

Right to Constitutional Remedies and the Five Writs: frequently asked questions

What is a writ?

A written order from a court, issued to enforce a right or compel a person or authority to act or stop acting.

Can the High Court issue writs?

Yes, under Article 226, for Fundamental Rights and other purposes.

What is public interest litigation?

A petition filed in the public interest on behalf of persons who cannot approach the court themselves.

Can the right to constitutional remedies be suspended?

Only as the Constitution provides, for example by a Presidential order during a national emergency under Article 359.