Question
Download Solution PDFWrit of Mandamus is a Fundamental Right classifiable under:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- Writ of Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority to do some specific act which that body is obliged under law to do.
- It is classified under constitutional remedies, which is a fundamental right provided under Article 32 of the Indian Constitution.
- Article 32 provides the right to individuals to move to the Supreme Court for enforcement of their fundamental rights.
- The Writ of Mandamus can be issued to enforce the performance of public duties by public authorities and to ensure that they fulfill their legal obligations.
Additional Information
- The Constitution of India provides for five types of writs: Habeas Corpus, Mandamus, Prohibition, Quo-Warranto, and Certiorari.
- These writs are a crucial part of the judicial review mechanism in India, ensuring the protection of citizens' rights against any arbitrary actions of the state.
- The right to constitutional remedies is considered the heart and soul of the Constitution by Dr. B.R. Ambedkar, as it is the protector and guarantor of all other fundamental rights.
- Article 32 is also known as the "Right to Constitutional Remedies" and is a fundamental right that cannot be suspended, except in cases of emergency as declared by the President of India.
Last updated on Jul 10, 2025
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