Writs under Indian Constitution

The Supreme court and the High court of India have the power to issue writs under Article 32 and Article 226 of the Indian Constitution in cases where there is violation of fundamental rights of a citizen. The writs mentioned under Indian Constitution are the are the writs of Habeas Corpus , Mandamus , Certiorari , Quo- Warranto and Prohibition.

Indian Citizens are provided with fundamental rights but just merely having fundamental rights is not enough these rights need to be protected and enforced as well which is done by issuing writs. As we know Article 32 and Article 226 of the constitution mention five kinds of writs let us understand each one of them one by one.

The first comes the writ of Habeas Corpus which literally means ”to have the body” , This writ is considered valuable for personal liberty. It is a court order requesting the detaining authority bring the arrested person before it so that the court can determine whether the individual was detained properly or not. If the court believes the person is being held illegally, it might issue an order for his release. The main aim of this writ is to protect a prisoner from the unlawful detention. The writ of habeas corpus can be used not only against the government, but also against anyone holding someone in illegal custody or detention. In such instances, it is the police’s responsibility to make all reasonable measures to ensure that the detainee is released; nevertheless, if a person is not found despite such efforts, the police cannot be forced to perform the impossible.

The next is the writ of Mandamus with the literal meaning ”to command”. Mandamus is an order from a higher court to a lesser court, tribunal, or government agency to undertake an act that is within its jurisdiction. It is issued to ensure the fulfilment of public tasks and to enforce private rights that have been withheld by the government. An order of mandamus is a direction given to a person, company, or lesser tribunal, compelling them to perform a specific act related to their office and in the nature of a public obligation. When an authority fails to carry out its legal responsibility to carry out a tribunal’s order, a mandamus order can be issued directing the authority to do so.

The next is the writ of certiorari , The writ of Certiorari literally means “to be certified” or “to be informed.” This writ is sent by a higher court to a lower court or tribunal, instructing them to either transfer a matter pending before them to themselves or to quash their order in a case. It is issued due to an excess of jurisdiction, a lack of jurisdiction, or a legal error.

The next is the writ of quo warranto , The writ of quo warranto is used to exercise judicial oversight over executive action in the appointment of public officials in accordance with relevant statutory provisions. The writ can also be used to protect a citizen from someone who holds a public office that he does not have the authority to hold. The writ instructs the holder of a public office to demonstrate the court what power he has to hold the position in question. If someone is not entitled to the position, the court may order him to refrain from acting in it and declare the position vacant. The writ procedures not only provide a tool for preventing the executive from making illegal appointments to public offices, but they also safeguard the public from being denied access to public offices to which it is entitled.

The next is the writ of prohibition , ‘To forbid’ is the precise meaning of the word ‘prohibition.’ A higher-ranking court files a Prohibition writ against a lower-ranking court to prohibit the latter from exceeding its authority or usurping jurisdiction that it does not have. Inactivity is directed by it.

The Supreme Court and the High Court have issued the following five categories of writs under Articles 32 and 226 of the Constitution. Certiorari and Mandamus are the two most regularly requested writs to control the conduct of administrative agencies, as Habeas corpus and Quo warranto are limited to certain situations.

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.