Types of WRITs

Introduction: –

Writs are written orders from the Supreme Court or High Court that commands constitutional remedies for citizens against violation of their fundamental rights.

Article 32 of constitution of India deals with constitutional remedies that a citizen can seek from the Supreme Court and High Court against his/her fundamental rights. The same article gives the Supreme Court power to issue writs for enforcement of rights where as High Court have the power to issue writs under article 226.

TYPES of Writs: –

Supreme Court and High Court have to power to issue writs mainly of 5 types –

  1. Habeas Corpus,
  2. Mandamus,
  3. Prohibition,
  4. Certiorari, and
  5. Quo-warranto.
  1. Habeas Corpus: – The Latin meaning of word ‘Habeas Corpus’ is ‘to have the body of’. The writ is used to enforce the fundamental rights of individual liberty against unlawful detention. Through habeas corpus, Supreme Court or High Court orders one person, who has arrested another person, to bring the body of the later before the court.

Facts about Habeas Corpus in India: –

  • The Supreme Court and High Court can issue writ against both private and public authorities.
  • It cannot be issued in the following cases: –
    • When detention is lawful.
    • When proceedings is for contempt of legislature or court.
    • Detention is by competent court.
    • Detention is outside the jurisdiction of court.
  • Mandamus: – The literal meaning of this writ is ‘we command’. This writ is used by the court to order the public authority who has failed to perform his duty or refuse to do his duty to resume his work. Beside public officials mandamus can be issued against any public body, corporation, an inferior court, tribunal or government for the same purpose.

Facts about Mandamus in India: –

  • Unlike habeas corpus, mandamus cannot be issued against a private individual.
  • Mandamus cannot be issued in the following cases: –
    • To enforce departmental instruction that doesn’t possess statutory form.
      • To order someone to work when the kind of work is discretionary and not mandatory.
      • To enforce a contractual obligation.
      • Cannot be issued against President of India or State Governor.
      • Cannot be issued against the Chief Justice of a High Court acting in a judicial capacity.
  • Prohibition: – The literal meaning of ‘Prohibition’ is ‘to forbid’. A court that is higher in position issues a prohibition writ against a court that is lower in position to prevent the later from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

Facts about Prohibition in India: –

  • Writ of prohibition can only be issued against jurisdiction or quasi-judicial authority.
  • It cannot be issued against administrative authority legislative bodies and private bodies.
  • Certiorari: – The literal meaning of the writ of ‘certiorari’ is ‘to be certified’ or ‘to be informed’. This writ is issued by a court higher in authority to a lower court or tribunal ordinarily them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. It only prevents but also cures for the mistakes in the judiciary.

Facts about Certiorari in India: –

  • Pre-1991- The writ of certiorari used to be issued only against judicial or quasi-judicial authority and not against administrative authority.
  •  Post-1991 – The supreme court ruled that, it can be issued against administrative authorities affecting the rights of individuals.
  • It cannot be issued against legislative bodies or private bodies or individuals.
  • Quo-warranto: – The literal meaning of the writ of quo-warranto is ‘by what authority or warrant’. Supreme Court or High Court issue this writ to prevent illegal usurpation of public office by a person. Through this writ, the court enquires legality of a claim of a person to an office.

Facts about Quo-warranto in India: –

  • Quo-warranto can be issued only when the substantive public office of a permanent character, created by a statute or by the constitution, is involved.
  • It cannot be issued against private or ministerial office.

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.

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