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Writ

Writs are legal documents issued by the Supreme Court or High Courts in India to protect citizens' Fundamental Rights against violations. There are five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto, each serving specific legal purposes. Citizens can approach the Supreme Court under Article 32 or the High Court under Article 226 for constitutional remedies related to their Fundamental Rights.

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12 views7 pages

Writ

Writs are legal documents issued by the Supreme Court or High Courts in India to protect citizens' Fundamental Rights against violations. There are five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto, each serving specific legal purposes. Citizens can approach the Supreme Court under Article 32 or the High Court under Article 226 for constitutional remedies related to their Fundamental Rights.

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WRITS

Writ is a document or written order from the honourable Supreme


Court or High court that directs or commands constitutional
remedies for the citizen of India against violation of their
Fundamental rights.

Under Article 32 and Article 226 an Indian citizen can seek


constitutional remedies from the honourable Supreme Court and the
High court respectively against violation of their Fundamental rights.
It is preferable to go to the High Court first and only thereafter
approach the honourable Supreme Court.

The High Courts have the right to issue writs within the territory of
the state which the High Court is concerned with.

Fundamental rights are contained in part III under Article 12-35 of


the Indian Constitution. But providing fundamental rights is not
sufficient, it is essential to protect them as well. These can be
protected under Article 32 and Article 226 of Indian Constitution. We
can approach the Hon’ble Supreme Court under Article 32 and
Hon’ble High court under Article 226.
The right to approach the Hon’ble Supreme Court in case of a
violation of a Fundamental Right is in itself a Fundamental Right since
it is contained in Part III of the Constitution.

A writ petition can be filed by any person whose Fundamental Rights


have been infringed by the State.
TYPES OF WRITS IN INDIA
The Hon’ble Supreme Court and High Court issue 5 kinds of writs to
defend the Fundamental Rights of a citizen of India.
1. HABEAS CORPUS
2. MANDAMUS
3. PROHIBITION
4. CERTIORARI
5. QUO-WARRANTO

HABEAS CORPUS
Habeas corpus literally means “to have a body of”.
This means if a person has been unlawfully detained or imprisoned
then the court directs the person detained to be brought before the
court to examine the legality of his\her detention. If the court said
that the detention was unlawful, then the person is released
immediately.
Habeas corpus can be issued in the following cases:-
 The detention was not done in accordance with the procedure
laid down by the law.
 The person was not produced before a magistrate within 24
hours of his\ her arrest.
 Arrested when he did not violate any law.
 Arrest was made under a law that is unconstitutional.
Habeas corpus cannot be issued in the following cases:-
 When detention is lawful
 Detention is by a competent court
 When proceeding is for contempt of legislature or a court
 Detention is outside the jurisdiction of the court

SUNIL BATRA V\S DELHI ADMINISTRATION (1980 AIR 1579)


In this case a co-convict wrote a letter to Supreme Court on the
maltreatment of the prisoners. The Supreme Court stated that the
writ can not only be used against illegal arrest of the prisoner but
also for his protection against any maltreatment or inhuman
behaviour by detaining authorities.

MANDAMUS
Mandamus means “we command”.
This writ is issued by the court to a public authority to perform the
legal duties which it has not performed or refused to perform.
It can be issued against a public official, public corporation, tribunal,
inferior court or the government.
It cannot be issued against a private individual or body, the president
or governors of states or against a working chief justice.
Mandamus can be issued in the following cases:-
 The duty in question is discretionary and not mandatory.
 Where such direction involves violation of any law.
 For the performance of a non-statutory function.
 Performance of duty involves rights of purely private nature.
 Where there is any other remedy available under the law.
Mandamus can’t be issued in the following cases:-
 To ensure departmental instructions that does not possess
statutory force.
 To order someone to work when the kind of work is
discretionary and not mandatory.
 To enforce a contractual obligations.
 Cannot be issued against Indian President or state governors.
 Against the Chief Justice of High Court acting in a judicial
capacity.

ALL INDIA TEA TRADING CO. VS. S.D.O (AIR 1962 Ass 20)
The land acquisition officer refused to pay the interest on
compensation amount.
A writ of mandamus was issued against the land acquisition officer
directing him to reconsider the application.

PROHIBITION
Prohibition literally means “to forbid”.
A higher court can issue the writ of prohibition against the lower
court to prevent from exceeding its jurisdiction. This writ can be
issued against lower courts, tribunals and other quasi-judicial
authorities from exceeding beyond their authority.
 Writ of Prohibition can only be issued against judicial and quasi-
judicial authorities.
 It cannot be issued against administrative authorities,
legislative bodies and private individuals or bodies.

S. GOVINDA MENON VS. UNION OF INDIA

In this case, the Hon’ble Supreme Court explained the court's


jurisdiction to grant a writ of prohibition. Here it was stated that the
power to issue a writ of prohibition is primarily supervisory, and the
primary goal of the writ of prohibition is to prevent inferior courts or
tribunals from exceeding their jurisdictional limits.

CERTIORARI
Certiorari in literal terms means “to certify”.
This writ is issued by the Hon’ble Supreme Court or High Court to
subordinate court or tribunals as they have acted without their
jurisdiction or by assuming jurisdiction where it does not exist. It is
also applied where the subordinate court acts in excess of its
jurisdiction by way of overstepping or crossing the limits of
jurisdiction. Also when a subordinate court acts in violation of
principles of natural justice where there is no procedure specified.

PROVINCE OF BOMBAY V.S KHUSHAL DAS (AIR 1950 SC 22)

In this case it was held by the court that whenever any competent
authority having the legal authority to decide on a matter affecting
the rights of the parties exceeds the authority, the writ of certiorari
lies.

QUO- WARRANTO
Quo-warranto means “by what authority”.
This writ is issued to prevent a person from holding an office which
he is not entitled to. It cannot be issued against a private office.
Quo-warranto can be issued in the following cases:-
 The public office is wrongfully assumed by the private person.
 The office was created by the constitution or law and the
person holding the office is not qualified to hold the office
under the constitution or law.
 The term of the public office must be of a permanent nature.
 The nature of duties arising from the office must be public.

KUMAR PADMA PADAM PRASAD V.S UNION OF INDIA (AIR 1992 SC


1213)
Mr K.N. Srivastava was appointed as a Judge of the Guwahati High
Court by the President of India by a warrant of appointment under
his seal. A petition was filed for issuing a writ of quo-warranto
contending that Mr K.N. Srivastava was not qualified for the office. It
was held by the Hon’ble Supreme Court that since Mr K.N. Srivastava
was not qualified, quo warranto could be issued and accordingly the
appointment of Mr K.N. Srivastava was quashed.

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