What Is Writ In Indian Constitution


We will discuss in detail about what is writ In Indian Constitution.
Writ jurisdiction has been conferred on the Supreme Court under Article 32 and on the High Court under Article 226. Under this the court enjoys rights to issue – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto

These writs have originated under the Roman Law but developed at present status under English Constitution.

 

How many types of writs are there in the Indian Constitution ?
Ans – There are 5 types of writs in the Indian Constitution. We will discuss each of them in detail in the following paragraphs.

1. Habeas Corpus : – This writ is issued in order to enforce the citizen the right to freedom of movement. This writ is issued by the court whenever a person has been illegally arrested and detained or confirmed to be physically brought before the court. The court then examines the visions of his detention if there is no legal justification, then he is set free.

Habeas Corpus literally means to have the body, i.e, have the arrested person produced before the court in order to ascertain the grounds of detention if the court is satisfied that his arrest is illegal, the court shall order the release of the person henceforth.

 

2. Mandamus : – Mandamus literally means command. Therefore it is in the form of an order from the court to a public authority or a person who is holding a public office. This writ is issued when a public authority or public officials fail to perform certain duties that have been court on him by law. Therefore only legal duties can be enforced by this writ of Mandamus and not private duties.
Writ can be preferred only by the aggrieved individual, that is, an individual whose legal rights are violated. Writ will be in the form of to do or not to do something in the form of legal duties.

Mandamus will not be against private individual, authorities or organization. In the same way the President and government have also been exempted from the Mandamus.

 

3. Prohibition : – The writ of Prohibition is issued by a superior court to an inferior court or quasi judicial body ( tribunals ) from usurping jurisdiction which is not vested in it and keep within the limit of its jurisdiction.

 

4. Certiorari : – this writ is similar to Prohibition except that it is issued to quash a judgment, order or direction issued by a judicial or quasi judicial body in access to his jurisdiction.
Certiorari lies against an authority which is acting within its jurisdiction but has violated the principles of natural justice.
Quash means to officially say that a particular decision in a court of law is no longer valid or correct.
What is the difference between the writs Certiorari and Prohibition ?
Ans – In Certiorari decision is given but in Prohibition decision is not given.

 

5. Quo – Warranto : – Literally means what is your authority. This writ is issued to ensure that the person who holds a public office is qualified to hold the office if he is found unqualified then his appointment or election shall be quashed by the court.
Petitioner in case of Quo Warranto can be anyone whether they hold office or not.
Quo – Warranto literally is a question that means where is your warrant of appointment.

E.g – Kanpur vs State of Tamil Nadu ( 2001 )
Jayalalitha was warranted and disqualified.

 

Injunction – can be issued by the Supreme Court, High Court and Subordinate Courts. It restrains the litigant not to do certain activities and maintain the status quo till the case is disposed of by the court.

Litigant – A person who is making or defending a claim in a court of law.

Injunction – An official order given by a court of law which demands that something must or must not be done.

Injunction can also be defined as an order by a court of law stating that someone must or must not do something. It is a strong warning.

 


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