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.))

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