Writs of Indian

Constitutuon
-kalir
Index
🞇Meaning
🞇Types of writs
🞇conclusion
Introduction
🞇 Writs are orders given by courts to uphold
the Fundamental rights of people .

🞇 In accordance with Article 32 of the

Indian Constitution, a citizen of
India may petition the Supreme
Court of India and the High Court
for constitutional remedies if his or
her fundamental rights have been
violated. The Supreme Court and
the High Court has the authority to
issue writs to enforce rights under
Article 226. Under the
Constitution of India, the Supreme
Court and the High Courts can issue
the following writs in the interest of
the protection of the Fundamental
Rights of Citizens.
🞇Habeas Corpus
🞇Mandamus
🞇Prohibition
🞇 Certiorari
🞇Quo Warranto
Habeas Corpus
Habeas Corpus Writ is issued by the Courts to bring a person in front of the court. Habeas Corpus
Writ protects the Fundamental Rights of Liberty people against unlawful detention by the state or
private authority. The Latin meaning of Habeas Corpus is ‘to have the body of’.
The following points must be noted with respect to the Habeas Corpus Writ:
It cannot be issued when
Detention is ordered by the court itself.
Detention is lawful, and is for contempt of court or contempt of the legislature.

Illustration: A is wrongfully detained by B, a

police officer. A writes to the High Court
regarding the same. The High Court summons
B with A and asks the grounds for detaining A.
If B fails to provide a valid ground or
justification for A’s detention, A will be free to
go.
Mandamus
🞇 Mandamus’ meaning can be translated to ‘We Command’. A Mandamus writ can be issued
against any public body, tribunal, corporation, or lower court.
🞇 It cannot be issued against private individuals or organizations.
🞇 It cannot be issued against the constitutional office of the President or the Governor.

Illustration: A is a public servant who has a duty towards B which he has to fulfil
according to the law but he doesn’t fulfil the duty. B is aggrieved by this non-performance
and therefore approaches the High Court for demanding the fulfilment of the duty by A.
Here the High Court on being satisfied that the case of B is bona fide and there is a duty
which should be fulfilled, will issue the Writ of Mandamus and A will be bound to fulfil the
duty he has avoided until now. But if A was a businessman who had some duty towards B
but he fails to perform it. In such a case A cannot approach the Court for Mandamus
because this Writ cannot be issued against a private person.
 Certiorari
Certiorari can be translated to ‘to be certified or informed’. A writ of certiorari is the Supreme Court's
acceptance of a petition filed with the Court asking for a review of a lower court ruling. The Supreme Court
grants certiorari in cases involving constitutional issues, compelling interests, or relevant social issues.
The following points must be noted with respect to the Certiorari Writ :
It can even be issued against administrative authorities affecting the Fundamental Rights of people (after the
Supreme Court ruling in 1991).
It cannot be issued against law-making bodies and private individuals or organizations.

Illustration: There is a case in the District Court and the court has no jurisdiction
to decide such cases. Still, the District Court Judge tries the case and gives his
decision and an application is made by A (the aggrieved party by such decision) to
the High Court. Hereby the power of issuing Writs, the High Court will issue a
Writ of Certiorari on the order of the District Court, as a result, the order of the
District Court will be quashed.
Prohibition
Prohibition translates to ‘to forbid’. Prohibition Writs are issued by the higher
courts to the lower courts and the Tribunals when the higher court feels that the
lower courts and the Tribunals are going beyond their jurisdiction. It is an order
forbidding them to proceed in a particular matter.
The following point must be noted with respect to the Prohibition Writ :
🞇 It is only issued against the lower courts or the tribunals.

Difference between Prohibition and Certiorari

Both the Writs Certiorari and Prohibition appear to be the same but there is
one major difference between the two. In the Writ of Prohibition, the superior
court issues the writ before the final order is passed by the inferior court and
therefore this is a preventive remedy, while in Writ of Certiorari the superior
court issues the Writ after the inferior court has made the final order. Thus
the Writ of Certiorari is a corrective remedy by which the order of the inferior
court is quashed.
Quo warranto
Quo Warranto can be translated to ‘by what authority or warrant’. Clearly, it is issued
by the court to prevent the usurpation of public offices when it violates the
fundamental rights of people. Using this, a court questions the claim of an individual
over a public office.
It can be issued only when public offices are created by statutorily or under the
Constitution.
It cannot be issued against the ministerial office.

Illustration: A who is a private citizen and has

no qualifications for the post of sub-inspector
assumes such office. Here a Writ of Quo
Warranto can be issued against A to call into
question his authority on which he has taken
the control of the office of sub-inspector.
Conclusion
There are five types of Writs which are Habeas Corpus,
Mandamus, Certiorari, Quo Warranto and Prohibition and
all these writs are an effective method of enforcing the
rights of the people
Of these Writs, the scope of Mandamus is the widest. While other
Writs are issued in certain circumstances only, such as when a person
is illegally detained (Habeas Corpus) or when there is overstepping of
jurisdiction by a court (Certiorari), Mandamus can be issued in those
cases where there is on the performance of duty the authority.

Of, all these Writs have played a key role in enforcing the rights of
the people and have also improved the scope of the power judicial
review of courts.