Writs in Indian Constitution

Writ is a formal written order issued by a court in the name of the state commanding a party to whom it is addressed to do or abstain from doing something. It is present in Article 32 of the Indian Constitution. Dr Ambedkar called this right has fundamental of all fundamental rights without which the constitution would be of null. He described Article 32 as heart and soul of Indian Constitution. There are namely five types of writs in India. They are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. The Supreme Court can issue writ under Article 32 of the constitution whereas High Court can issue writ under Article 216 of the constitution.

1. Habeas Corpus – The literal meaning of habeas corpus is “to have the body” i.e., to produce the detained person in the court so that court could investigate the ground off his detention. This type of writ is privileged to a particular individual or class to safeguard individual liberty. It can be filled by any individual or his/ her relative. It is not necessary to be filled by the aggrieved individual. This writ can be issued both against state as well as individual. In the case of Rudul Shah v. State of Bihar, a person was forcefully agreed to complete 14 years of more punishment even though his actual period of detention was over. The court issued the writ of Habeas Corpus
and ordered for his immediate release.

2. Mandamus – The literal meaning of Mandamus is “We Command”. It is a form of command directed to the lower court, tribunal, board, corporation, etc. to perform a specific duty fixed by law. This writ is issued for the enforcement of legal rights and not private rights. This writ cannot be issued against the Private organization or individuals or President or Governor of states. In the case of Gujrat State financial Corporation v. Lotus Hotels, Financial corporation makes an agreement with Lotus Hotels to release the fund to carry on construction purpose, but later refused to do so. Then Lotus Hotel used the writ of Mandamus in Supreme Court to enforce the
duty of Financial Corporation.

3. Certiorari – The literal meaning of this Writ is “to be certified”. It is a command or order issued to lower courts or tribunal to transmit the records of a cause or matter pending before them to the superior court to be dealt there as the judgement of lower courts can be illegal on the basis of lack or excess of jurisdiction. The writ of Certiorari should be filled by the person aggrieved and the person against whom the writ is issued does not obey it, he would be committed for the contempt of court. In the case of Ak. Kripak v. Union of India, the judgement of lower court was declared illegal.

4. Prohibition – A writ of Prohibition is issued directing a subordinate court to stop doing something which is prohibited by law. It is mainly to stop Lower Courts form overstepping their jurisdiction. This type of order is also known as Stay-Order. In the landmark case of S Govinda Menon v. Union of India, the Supreme Court laid down the circumstances such as excess and absence of jurisdiction for the writ of

5. Quo-Warranto – The literal meaning of Quo Warranto is “what is your authority”. It is issued when any private person illegally occupies an office. He is prevented from Quo Warranto to continue in that office. The main objective of this writ is to ensure that the person holding the office is well qualified for that post. The writ of Quo warranto is never issued as a matter of course and it is always within the desertion of court to decide. Any private person can file this writ even if he is not directly linked with the post. If Prime Minister does not vacate the seat even after his party loose the confidence of Lok Sabha, then a writ of Quo Warranto can be issued.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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