Some fundamental rights are available only to citizens of India.

What are the reliefs under right to constitutional remedies?

Last updated on Jun 15, 2022

The five constitutional remedies provide for different kinds of relief. These are mentioned below:

 

  1. Habeas Corpus: Under this, a petition can be filed by any aggrieved person or anyone on behalf of the aggrieved person for the relief to not be illegally kept in police custody.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.)) A petition can also be filed on behalf of a prisoner who is being ill-treated in prison.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.))
  2. Mandamus: Under this, a petition can be filed by any aggrieved person who seeks a public authority to do something that they are supposed to do or not do something that they are not supposed to do. For instance, if a person has not been appointed to a position they were supposed to be in, relief can be sought by such an aggrieved person by filing a petition.(( State of Mysore & Anr. v. K.N. Chandrasekhara & Ors., 1965 AIR (SC) 532.)) 
  3. Certiorari– This is filed by a person whose case is decided by a court which does not have the necessary power to do so. Such a person may seek the relief of their case being decided by an appropriate court after the existing decision is quashed.(( Province of Bombay v. Kusaldas S. Advani & Ors., 1950 AIR 222.)) 
  4. Prohibition– This is filed by a person whose case is being decided by a court which does not have the power to decide it. Such a person may seek the relief of their case being transferred to the appropriate court while the case is still going on.(( S. Govind Menon v. Union of India, AIR 1954 Pat 297.)) 
  5. Quo Warranto– Relief under this can be sought by a person who is aggrieved by a person being appointed to a position in a government office which they do not have the requisite qualification to hold.(( The University of Mysore v. C.D. Govind Rao, 1965 AIR 491.))

Relief can also be sought by an aggrieved person against the appointment of any High Court judge.(( Shiam Sundar v. State of Punjab, Civil WP No. 607 of 1956.))

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

What are the different types of constitutional remedies?

There are five kinds of constitutional remedies available. These are Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
citizen rights icon

Who are the authorities for seeking constitutional remedies?

A person can file a writ petition before the Supreme Court of India or the concerned High Court of that state to enforce their fundamental rights.
citizen rights icon

Who can apply for constitutional remedies?

Any aggrieved person whose fundamental rights have been violated can avail constitutional remedies by filing a writ petition before the Supreme Court or the High Court.
citizen rights icon

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
citizen rights icon

What are constitutional remedies?

The Constitution provides for certain remedies that people can use to enforce their fundamental rights. A person can file a writ petition before the Supreme Court or concerned High Court to enforce their fundamental rights.
citizen rights icon

What are the limitations in getting constitutional remedies?

If someone files a writ petition before a High Court for a particular matter, they cannot file another petition seeking relief under the same writ before the Supreme Court.
citizen rights icon