Types of Writs

1) Writ of Habeas Corpus: It is a writ issued for producing the body. A person cannot be detained without a cause. This writ is used as tool against illegal detention. It is the right of a person to know the reason for such detention. In order to protect the person from wrongful detention such writ is issued.

In the case of Sheela Barse v State of Maharashtra it was held that in case of inability for issuing writ by the person so wrongfully detained any other person can on his behalf pray for the issue of this writ.

2) Writ of Mandamus: It is the order of the court commanding a lower court or public authority to perform its duties. Where the interior court or public authority fails to carry out its assigned duties this writ is issued. Hence this writ ensures that the duties are carried out properly by the authorities without delay. When Universities hold results of students for reasons not justifiable this writ is issued to such University.

3) Writ of Certiorari: The writ of Certiorari is used for quashing the orders of interior courts or tribunals. This writ means to be certified. It is a curative measure. This writ is issued when the jurisdiction is wrong or when the orders passed are against the principles of natural justice or in case of an error in the decision or when court acts in supervisory and not its appellate jurisdiction.

In the case of NagendraNath Bora & Anr.Vs.Commissioner of Hills Division and Appeals, Assam &Ors,(1958)SCR1240 it was held that the court must have jurisdiction to hear the case and mere technical or formal errors do no give rise to this writ.

4) Writ of Quo Warranto: This writ means in what authority? What capacity? In order to enquire the legality of a claim of a person for holding some public office or position this writ is used. It helps in reducing the misuse of powers by the authorities. It puts bar on the authorities to take decisions beyond their capacities bestowed upon them by the organization. Applicability of this writ is in the case of public organizations and not private organizations.

5) Writ of Prohibition: This writ prevents inferior courts in exercising jurisdiction which it does not have. This writ also prevents from orders issued against the principles of natural justice. This writ is to forbid or stop known as stay order. When a particular court doesn’t have the jurisdiction to hear a particular case but such court despite such inability indulges in hearing the case this writ is issued. This wrot cannot be issued against administrative or legislative body.

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 )

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.

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: