writs in the indian constitution

A writ petition is a formal written order issued by a judicial authority. ‘Writs’ means command in writing in the name of the Court. It is a legal document which is issued to someone to do a specific act or to stop doing that particular act. A writ petition is filed in the respected court of law to issue a particular writ.  Writ can be filed under Article 32 in the Supreme Court and under Article 226 in the High court. Both the courts have the power to file writs under different sections of the Indian constitution. It is not mandatory for any person to approach the high court first and then the supreme court, he or she can directly approach the Supreme court also but when the supreme court is directly approached then the Supreme court can ask why the person has not approached high court first? Fundamental rights are given to every citizen of the country but these fundamental rights need to be protected. Article 32 and Article 226 issues five types of writs and every particular writ has its own objective for which it has been issued. So the writs are:

  1. HABEAS CORPUS

Meaning of this word is “ to have the body off”. This is a type of writ which is issued to release the person who is illegally detained. Then the courts decide whether the detention was illegal or not and if it finds it illegal then the court can immediately order to release the person. This writ can be filed by his friends, family or any other person on behalf of him. If the court finds out that the detention was legal and valid then they can’t order to release the person. 

  1. MANDAMUS

Mandamus means ‘ we command’. This is a type of writ which the court orders to any public officer or any public authority to perform their duty which they are not performing or have refused to perform.  It cannot be issued when the public official has no duty to perform or there is any other remedy available in the eyes of law or the performance of the duty involves the right of purely private in nature etc. Any person who is in good faith or is interested in the performance of the duty can file this writ and must have demanded for the performance and have refused to do it.

  1. QUO WARRANTO

Quo warranto means ‘by what authority’. Under this writ the court can ask a person by what authority he or she is holding the public office.  And if the court finds out that the office he or she holds is not entitled to them then in that case the court can immediately order the concerned person to vacate the public office. This writ can be issued when the office is wrongfully assumed by the private person, the nature of duty arising from the office must be public in nature or many more. So the basic objective of this writ was that no one can hold any public office if he or she is not entitled to.

  1. CERTIORARI

Certiorari means ‘to certify’. If the court feels that the order passed by the lower courts are not legally correct or was not in their powers then the higher courts i.e the Supreme court and the High court can take the case in their hands and has the power to quash the judgement given by the lower courts. This writ is issued by the Supreme court and the High court to the lower courts or to the district courts.

  1. PROHIBITION

This writ is issued by the higher courts to the district or lower courts to prohibit from doing something which is not in their authority. This writ is ordered to the lower courts when there is lack of  jurisdiction or excess of jurisdiction.

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.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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