Page 24 - Constitution

70 Years of Indian Years of Indian

Constitution
Constitution

Although the Fundamental Duties were not the
the private land of a person, without acquiring the same
or purchasing the same or taking on lease, or license or part of the Constitution of India, but it were
taking any right to enjoy the said property, then a Writ incorporated by 42nd Amendment, therefore, if

Petition under Article 226 of the Constitution of India a citizen enjoys the Fundamental Rights, then he
would be maintainable before the High Court, but if any must follow his Fundamental Duties, although
private person encroaches upon or violates any civil right they are not enforceable through Courts.
of a fellow citizen, then he has to approach the Civil Court
essential for dignified existence of citizen of India, but the
under General Law, and no writ petition under Article 226
Constitution provides an effective forum for protection of
of Constitution of India, would be maintainable. Thus, a writ
the Fundamental Rights.
petition would be maintainable only against the “State” for
Although the Fundamental Duties were not the part
enforcement of Fundamental Right and no petition would
of the Constitution of India, but it were incorporated by
lie against a private institution or person.
42nd Amendment, therefore, if a citizen enjoys the
There are five writs, i.e. Writ of Habeas Corpus,
Fundamental Rights, then he must follow his Fundamental
Certiorari, Mandamus, Quo Warranto and of Prohibition.
Duties, although they are not enforceable through Courts.
Habeas Corpus is a Latin word which means to have the
Fundamental Duties include to abide by Constitution
body of. Thus, if a person is in an illegal detention of any
and respect its ideals and Institutions, National Flag
person, whether Private or “State”, then this writ would be
and National Anthem. To uphold the sovereignty, unity
maintainable for producing the corpus.
and integrity of India, to defend the Country, to promote
Writ of Mandamus means seeking a command for
harmony and spirit of common brotherhood, to value and
the “State” or even a Private Body in respect of public
preserve the rich heritage of our composite culture, to
functions being discharged by the said Body.
develop scientific temper, humanism, to protect natural
Writ of Prohibition means seeking a writ to prevent from
environment including forests, lakes, rivers and wildlife,
exercising powers beyond their jurisdiction.
to protect public property and to abjure violence, to
Writ of Certiorari means the authority exercised by
strive towards excellence in all spheres of individual and
Supreme Court or the High Court to set aside/quash the
collective activity and to provide opportunities for education
orders of the sub-ordinate Courts or inferior Tribunals.
to his child/ward upto the age of 14 years.
Writ of Quo Warranto means to challenge the eligibility
Thus, whereas the Fundamental Rights strive at peaceful
of a public servant to hold a public post.
and dignified existence of citizens of the Country, but at the
Thus, for protection of Fundamental Rights, a citizen
same time, we must not forget that Fundamental Rights
can approach the High Court or Supreme Court against
of a citizen can be protected only when the individual or
the “State”.
the “State” always act in accordance with law. Being a
Therefore, Fundamental Rights are not only
responsible citizen of this Country, we must respect the

24 70 Years of Indian Constitution