Professional Documents
Culture Documents
Constitutional Remedies
Constitutional Remedies
Habeas corpus
The term ‘habeas corpus’ literally means ‘produce the body’. In this
context, it refers to a direction from a court to bring a person before
the court. If a person is illegally restrained and deprived of their
liberty, a writ petition for habeas corpus can be filed to ask the court
to secure their release. The court can issue the writ of habeas
corpus to any public authority having a person unlawfully in their
custody and order the authority to bring the person before the court.
In this manner, the court inquires into the circumstances of any
person’s detention and can give the necessary judgement against
unlawful restraint. The court can also issue the writ of habeas
corpus in cases of illegal inhuman treatment of prisoners.
Mandamus
Certiorari
Prohibition
The court can issue the writ of prohibition to order any lower
court/tribunal to stop legal proceedings on a certain matter. This
remedy is used to restrain a lower judicial authority from exceeding
its legal authority and to confine lower courts/tribunals within their
judicial boundaries. Prohibition can also be used in case a lower
judicial authority has not obeyed the rules of natural justice i.e., if the
authority shows bias or does not hear out both parties.
Quo Warranto
The writ of quo warranto is a remedy which allows the court to ask
any person who holds a public office to prove their right to hold the
office. In case they don’t have the right to hold the public position,
they will be removed from that office by a judicial order. This remedy
controls the executive from making illegal appointments to a public
office, and protects citizens from people who illegally hold public
office depriving citizens of their rights. To claim quo warranto, a
petitioner has to show the court that the office is a public office and
that the person holding it has no legal authority to hold the office.
This will lead to an inquiry on whether their appointment has been
made legally.