Question

Writs can be issued for enforcement of Fundamental Rights by________.

Answer 1

Hint: Fundamental Rights are the 6 justiciable rights in Part III of the Constitution. These rights are inviolable in nature and are guaranteed by the Constitution to all persons without any discrimination. Writs are basically judicial orders which are issued to protect the fundamental rights.

Complete Answer: A writ can be understood as a formal written order issued by a Court having authority to issue such an order. The constitution of India states the following five kinds of writs:
1)Habeas corpus : Issued to protect the fundamental right of liberty, this writ is issued by the court ordering the body of an arrested person to be presented before the court.
2)Mandamus : This writ is used by the court to order the public official, who has failed to perform his duty or refused to do his duty, asking him to perform his official duties.
3)Prohibition : This writ is used by a higher court to prevent a lower court from exceeding its jurisdiction.
4)Certiorari : This writ is issued by a higher court to a lower court asking them to transfer a case to itself or squash their order in a case.
5)Quo warranto : This writ is issued to inquire into the legality of the claim of a person to a public office.
The constitution allows both the Supreme court and the High court to issue writs to enforce fundamental rights. Article 32 states that the Supreme court can issue any of the above mentioned writs to enforce the fundamental rights under part III. Similarly, article 226 allows the High courts to issue writs to protect the fundamental rights.

Therefore the answer to the question ‘Writs can be issued for enforcement of Fundamental Rights by__’ is both the Supreme Court and the High court.

Note: One should note that if a person’s fundamental rights are violated , one can directly approach the Supreme Court. Also the writ jurisdiction of the higher court is wider than that of supreme court as the supreme court can issue writs only to enforce fundamental right whereas the high court can issue writs to enforce any ordinary legal right as well.