Writs are written order from Higher Courts that provides constitutional remedies for the citizens to seek against the violation of their fundamental rights. Article 32 of the Indian Constitution gives the Supreme Court the power to issue writs for the enforcement of their rights and Article 226 of the Indian Constitution gives the High Court the same power.
There are five kinds of writs for enforcing the fundamental rights of the citizens. These are:-
1) Habeas corpus
5) Qua – Warranto
Article 32 of the Indian Constitution:- Article 32, enshrines this provision where by the individuals may seek redressal for the violation of their fundamental rights.
Article 226 of the Indian constitution:- Article 226, empowers the High Court to issue, to any person or authority, including government, Directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto, certiorari or any of them.
1. Habeas Corpus
The Latin meaning of the word ‘Habeas corpus’ is to have the body of. This writ is employed to release the accused prior to trial on the ground that the bail set is necessary. Habeas corpus relief is been granted to the prisoner who is unlawfully detained after expiration of the sentence.
Example:- Mr. A has been taken into custody by B a police officer without a warrant. All the efforts taken by Mr. A’s family to know the whereabouts of Mr. A turned out to be futile. As he was detained wrongfully by police officer. Mr. A’s family can file the writ of Habeas corpus in the court of law.
The writ of Mandamus means ‘we command’. It is an order by Supreme Court or High Court to a lower court or tribunal or public authority to perform their duties correctly. It can be issued by the court to a public official, tribunal, inferior court or the government.
Example:- In the case of the Kanchi Shankaracharya who got entangled in a criminal case. The police froze the accounts of the trust he runs and subsequently, writ of mandamus was filed in the Chennai High Court but the arbitrary power and unfettered discretion are what the courts refused to countenance.
The literal meaning of the word ‘Prohibition’ is to forbid. An appellate court’s written order to prohibit a lower court from acting because it does not have jurisdiction to do so.
Example:- In the case of S. Govinda Vs. Union of India and Another the Supreme Court was concerned with a writ petition filed by an Indian Administrative Service against certain disciplinary proceedings taken against him.
Latin term of Certiorari means ‘to be informed of’. The writ of certiorari is issued by a court which is higher in authority to a lower court ordering to deliver to it’s record in a case so that the higher court may review it. The act of granting Certiorari means the Supreme Court agrees to hear a case.
Example:- Mr. A has filed a case in a lower District Court to decide whether he should have to pay a tax on student loan. The Lower District Court reviews the case at trial and decides that Mr. A should have to pay the extra tax. Mr. A is unhappy with the decision so he files an appeal in a Higher Court. The next Court, Court of Appeal hear the case and agrees with the Lower Court. Therefore Mr. A seek a review by the Higher Court.
In order to obtain a review by the Supreme Court, you need to receive permission by the writ of Certiorari from the Supreme Court.
5. Qua – Warranto
Latin term of Quo-warranto means ‘by what authority’ as in ‘by what authority does this person holds a public office’. Writ of Quo-warranto is issued to resolve a dispute over whether a specific person has the legal right to hold the public office that he occupies. The writ of Quo-warranto is vested in the public and not in the private individual. As the literal meaning of Quo-warranto is who has the right to hold a public office is of public concern and not private dispute.
Example:- A person of 63 years has been appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has the right to issue the writ of Quo-warranto against the person and declare the office vacant.
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.
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