Writs In Indian Constitution
The Supreme Court of India is one of the very powerful courts anywhere in the world. Any individual, whose fundamental right has been violated, can directly move the Supreme Court for remedy. The Supreme Court can give special orders in the form of writs.
It can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. (article 32). The High Courts also have the power to issue such writs (article 226).
Types of writs: There are five types of writs under Indian constitution.
- Habeas Corpus
- Mandamus
- Certiorari
- Prohibition
- Quo-warranto
1. Haebus Corpus → Literal meaning → To have a body”. The concept of the writ of habeas corpus has originated from England.
It calls upon the person who has been detained before the court its order to let the court know on what ground he has been detained & to set free if there is no legal justification (or found illegal).
2. Mandamus → literal Meaning → We command
It commands the person to perform his public duty which he has refused to perform & the performance of which cannot be enforced by any other adequate legal remedy.
[Except president, Governor]
Mandamus is ordered from SC & HC to a lower court /public authority to perform their duty. This is issued when any government, court, any public authority fail to do public duty.
3. Certiorari → Means to be certified. Issued by SC for quashing (declaring invalid) the order already passed by an inferior court. (certiorari is issued only after the order has been made)
4. Prohibition → Means to Forbid or Stop (stay order).
This is issued when a lower court or body tries to transgress the limits or powers vested in it. It is issued by SC/HC to any infusion court prohibitive them from continuing the proceeding & to stop it.
The writ Prohibition and Certiorari have little bit difference:
- The writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
- Prohibition can be issued only against judicial and quasi-judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals.
5. Quo-Warranto → “By what warrants”
To Restrain a person from holding a public office which he is not entitled. This can be filed by any individual.
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