What is habeas corpus mandamus?
Writ of Habeas Corpus: The writ is issued to produce the person physically who has been detained, whether in prison or in private custody, before a court. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.
Who has the power to amend the fundamental right?
Amendments. Changes to the fundamental rights require a constitutional amendment, which has to be passed by a special majority of both houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting.
Who can file a petition under Article 32?
Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed..
Which is the soul of the Constitution?
Article 32 of the Indian Constitution that is the Right to Constitutional remedies is considered as ‘the heart and soul of the Constitution’.
What is the basic principle behind amending procedure?
But more importantly, this process underlines an important principle: only elected representatives of the people are empowered to consider and take final decisions on the question of amendments. Thus, sovereignty of elected representatives (parliamentary sovereignty) is the basis of the amendment procedure.
Can schedule be amended?
This schedule can also be amended by a simple majority of Parliament. Ninth Schedule: Ninth Schedule (under Article 31(B) was added by the Constitution (First Amendment) Act, 1951.
What is an example of habeas corpus?
An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown. …
How many writs are there in Article 32?
five
Can Fundamental Rights be amended?
Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. Fundamental rights can be suspended during a national emergency, However the rights guaranteed under Articles 20 and 21 cannot be suspended.
How many ways are there to amend the Indian Constitution?
three ways
Can the Indian parliament amend the basic structure of the Constitution?
The basic structure (or doctrine) of the Constitution of India applies only to constitutional amendments, which states that the Parliament cannot destroy or alter the basic features of the Indian Constitution.
What are the 5 types of writs?
There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.
Can basic structure of Constitution be changed?
The Supreme Court’s position on constitutional amendments laid out in its judgements is that Parliament can amend the Constitution but cannot destroy its “basic structure”.