WRITS IN THE INDIAN CONSTITUTION

The Supreme Court as well as the High Court have been vested with powers by the Indian Constitution to provide justice. One such power is to issue writs, which is most important power of the Supreme Court and the High Court.

A writ is command given by the court to a person or an authority or both to act or not to act to act in a particular way. Writs are an essential power of the court.

What are Writs?

Writs are nothing but the written orders that are given by the Supreme Court or the High Court. These written orders commands constitutional remedies for the Indian citizens against the violation of their rights or fundamental rights.

According to Article 32 of the Indian Constitution, Supreme Court of India can issue writs whereas according to Article 226 of the Indian Constitution High Court can issue writs.

There are five types of Writs:

1. Habeas Corpus

This writ literally means “a demand to produce the body”. The purpose of this writ is not to punish the wrongdoer but merely to secure the release of the person illegally detained. This writ is in the form of an order calling upon a person who has detained another person to bring that person before the court to let it know under what authority he has detained that person.

Rules for Habeas Corpus:

a. The applicant should be in custody of the other

b. Family members can file an application. If the matter is in public interest, then a stranger can also file an application.

c. No two applications can be made to different judges of the same court

2. Mandamus

This writ literally means “we command”. Mandamus would lie only to enforce a duty which is “public in nature”. There must be a specific demand for the fulfillment of duty and there must be specific refusal by the authority. It is an order by a superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty. Mandamus may lie against any authority, officers, government or even judicial bodies that fail or refuse to perform a public duty and discharge a legal obligation.

Rules for Mandamus:

a. Petitioner should have a right recognized by law.

b. There should be infringement of such right.

c. Petitioner should demand performance of duty and non-performance of duty by the authority should be present.

d. No other remedy should be present.

e. Non-performance of duty by the authority which he was obligated to perform is mandatory to be present.

3. Prohibition

Prohibition literally means “to forbid”. Writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction, or acting contrary to the rules of natural justice. It is issued by the superior courts to the inferior court for the purpose of preventing inferior courts from usurping a jurisdiction with which it was not legally vested, or in other words to compel inferior courts to keep within the limits of their jurisdiction.

Rules of Prohibition:

a. Lower tribunal should overstep its jurisdiction.

b. Lower court or tribunal acts against law.

c. Proceedings to be pending before the lower court or tribunal.

4. Certiorari

Certiorari literally means “to be certified” or “to be informed”. It is issued by the higher court to a lower court either to transfer a case pending with the later to itself or to quash the order of the latter. Thus, Prohibition being only preventive, Certiorari is both preventive as well as curative.

Rules for Certiorari:

a. The body or person should have legal authority.

b. Authority should be related questions affecting the rights of people.

c. Body or person has a duty to act judicial while functioning.

d. Person or body acted in excess of their jurisdiction or legal authority.

5. Quo-Warranto

Quo-Warranto means “by what authority or warrant”. It is issued by the court to enquire into the legality of claim of a person to a public office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Rules for Quo-Warranto

a. Officer which is wrongfully assumed by private person should be a public office.

b. Office should be created by constitution or other statue.

c. Office duties should be public duties.

d. Should be a permanent office.

e. Office should not be a private office.

All the five writs issued by the Supreme court and the High Court of India are an effective method of enforcing the rights of the people and to compel the authorities to fulfill their duties, which are bound to perform under the law.