WHAT IS WRIT

Anything that is issued under an authority is

a writ.
Eg: Orders, warrants, directions etc.
• The S.C. (under article 32) and the H.C. (under article 226)
 TYPES OF WRITS
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo warranto
 HABEAS CORPUS
• Habeas Corpus means 'to have the body of'

• The court can cause any person who has been detained
or imprisoned to be physically brought before the court.

• The court then examines, if there is no legal justification

of his detention, he can be set free
Eg:
1. When the person is detained and not produced before the magistrate
within 24 hours.
2. When the person is arrested without any violation of a law.
3. When a person is arrested under a law which is unconstitutional.
 MANDAMUS
• Mandamus means "we command"

• Command issued by court to a public official to perform

their duties which they have refused to perform

• "Wakening call" - it awakes the sleeping authorities to

perform their duty

• It can't be issued against the following

* A private individual or private body.
* Against president or governors of state against a working chief
justice
 PROHIBITION
• Me ans tha t the S.C. and H.C . ma y pro hib it the low er
cou rts suc h as
* Spe cial trib una ls
* Ma gist rate s
* Com mis sion s, and
* Oth er jud icia ry offi cer s
Eg: If a judi cial offic er has pers ona l inte rest in a case, it may
ham per the dec isio n and the cou rse of natu ral just ice.
 CERTIORARI
• Certiorari means to "certify"

• Command that orders to move a suit from an inferior

court to superior court

• Issued by a higher court to a lower court, to transfer a

case pending

• Certiorari is a kind of curative writ.

 QUO WARRANTO
• Quo warranto means "by what warrant"?

• Issued to enquire into legality of the claim of a person

or public office

• This writ is applicable to the public offices only and not

to private offices.
1. Which of the following writs is said to be a
guarantor of personal freedom?

Mandamus Habeas Corpus

Quo warranto Certiorari

2. Which of the following writs can be used against a
person believed be holding a public office to
which he is not entitled to?

Habeas Corpus Mandamus

Prohibition Quo warranto

3. The power to issue writs by the Supreme Court
has been envisaged under which of the following
articles?

Article 226 Article 32

Article 31 Article 25
4. Which of the followi ng writs can been issued to
force a public author ity to perform a public or
statuto ry duty?

Prohibitio n Quo warranto

Mandam us Habeas Corpus