Writs are written order from the Supreme Court or High court that commands constitutional remedies. The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by the courts, judges. Any direct order that is issued under authority is a writ. Writs are considered essential part of the judicial power. So, basically we can say anything that is issued under an authority is a writ. Orders, warrants, directions etc. issued under authority are few examples of writ.
TYPES OF WRITS IN INDIA:-
There are five types of writs for enforcing the fundamental rights of the citizens. The five types of writ are:-
The meaning of the term ‘Habeas Corpus’ is to have the body of. It is a writ in which a person can report an unlawful detention or imprisonment to a court and request the court to bring the prisoner to court, to determine whether the detention is lawful.
We can simply understand this by saying that this writ is used to release a person who has been unlawfully detained or imprisoned.
An example for habeas Corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown.
1. We should know that it can’t be issued when the detention is lawful.
2.Can’t be issued when the detention us by a competent court.
3.Or can’t be issued when the detention is outside the jurisdiction of the court.
The literal meaning of this writ is that “we command”. This writ is used by the court to order the public official who has failed to perform his duty, to resume his work. Also, mandamus can be issued against any public body, a corporation, an inferior court , a tribunal or government for the same reason.
1.Unlike Habeas Corpus, Mandamus cannot be issued against a private individual.
2.Mandamus cannot be issued to enforce departmental instructions that does not possess any statutory force.
3. It also can’t be issued to order someone to work when the kind of work is discretionary and not mandatory.
4.It can’t be enforced against a Chief Justice of a High Court acting in a judicial capacity.
The 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 exceeding of its jurisdiction. This writ is issued directing the lower court to not exceed with a case that does not fall within its jurisdiction. Writs of Prohibition can only be issued against judicial and quasi-judicial authorities. This can’t be issued against any private bodies or private individual or legislative bodies. So it is basically issued when something is done in the absence of jurisdiction or in excess of jurisdiction.
The meaning of Certiorari is “to be certified” or “to be informed”. This writs orders a lower court to deliver its record in a case so that the higher court may review it. So it is issues ordering a lower court to transfer the case pending with them or quash their order in a case. Before the writ of Certiorari used to be against the judicial and quasi-judicial authorities but later Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of an individual.
THE meaning of the writ of “Quo- Warranto “ is “ by what authority or warrant”. This issued directing subordinate authorities to show under what authority they are holding the office. If a person has usurped a public office, the court may direct him not to carry out any activities in the office or may announce the office to be vacant. This writ gives the right to seek redressel to ant individual other than the aggrieved person.
It can be issued only public when the substantive public office of a permanent character created by a statute or by the constitution is involved.
It can’t be issued against private or ministerial office.
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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