Writs in Indian Constituion

In the Indian Constitution, writs are legal orders issued by courts to ensure that the rights of individuals are protected and that justice is served. Writ petitions are filed in the courts regularly. Read here to learn each of the writs in detail.

Writs are fundamental tools for the protection of fundamental rights and the enforcement of the rule of law in India.

They empower individuals to seek remedies when their rights are violated, and they ensure that the government and its authorities act within their legal boundaries.

The Supreme Court and High Courts in India have the power to issue these writs under Article 32 (Supreme Court) and Article 226 (High Courts) of the Constitution, respectively.

Writs in the Indian constitution

Writs are an essential part of the constitutional framework and play a crucial role in safeguarding fundamental rights. The Constitution of India provides for five types of writs, each with its specific purpose and jurisdiction.

1. Habeas corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo warranto

Habeas Corpus

“Habeas Corpus” means “to have the body.”

• This writ is used to protect an individual’s liberty and ensure that they are not unlawfully detained.
• When issued, it commands the authorities to produce the detained person before the court to determine the legality of their detention.
• It is a remedy against illegal confinement.
• This writ can be filed by the detained person himself or his relatives or friends on his behalf.

This writ CAN be used against-

1. Public authorities
2. Private individuals

This writ CAN NOT be used against-

1. Lawful detention
2. Proceeding concerning contempt of court/legislature
3. Detention outside the court’s jurisdiction

Mandamus

“Mandamus” means “command.”

• This writ is issued by a higher court to a lower court, tribunal, or public authority, directing them to perform a specific duty that falls within their legal jurisdiction.
• It is used to ensure that public officials and authorities perform their duties properly.

This writ CAN be used against-

1. lower court
2. tribunal
3. public authority
4. government
5. corporation

This writ CAN NOT be used against-

1. Private individual/body
2. President, Governor
3. CJI, CJ of the high court acting in a judicial capacity
4. The duty in question is discretionary and not mandatory.
5. For the performance of a non-statutory function.
6. Performance of the duty involves rights of a purely private nature.
7. Where such direction involves a violation of any law.
8. Where there is any other remedy available under the law.

Prohibition

“Prohibition” means “to forbid.”

• This writ is issued by a higher court to a lower court, prohibiting it from proceeding with a case where it lacks jurisdiction or is acting beyond its powers.
• It prevents inferior courts from exceeding their authority.
• It is issued to direct inactivity and thus differs from mandamus which directs activity.

This writ CAN be used against-

1. Only against judicial/quasi-judicial authorities

This writ CAN NOT be used against-

1. Administrative and legislative bodies
2. Private bodies
3. Individuals

Certiorari

“Certiorari” means “to be certified.”

• This writ is issued by a higher court to a lower court, tribunal, or authority, quashing or transferring a case to the higher court for review.
• It is used to correct errors of jurisdiction or procedural irregularities.
• It is a curative writ.

A writ of certiorari is issued by the Supreme Court or High Court to the subordinate courts or tribunal in the following circumstances:

• When a subordinate court acts without jurisdiction or by assuming jurisdiction where it does not exist, or
• When the subordinate court acts more than its jurisdiction by way of overstepping or crossing the limits of jurisdiction, or
• When a subordinate court acts in flagrant disregard of law or rules of procedure, or
• When a subordinate court acts in violation of principles of natural justice where there is no procedure specified.

This writ CAN NOT be used against-

1. Legislative bodies
2. Private bodies
3. Individuals

Quo Warranto

“Quo Warranto” means “by what authority.”

• This writ is issued to question the legal authority or right of a person to hold a public office or position.
• It is used to prevent unauthorized or unqualified individuals from holding public office.

The writ can be issued only when the following conditions are fulfilled:

• 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.

This writ CAN NOT be used against-

1. Ministerial offices
2. Private offices
3. Individuals

Writs jurisdiction

Differences between the writ jurisdiction of the supreme court and the high court:

Under Article 32, a writ petition can be filed in the Supreme Court.

• The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.
• It is important to note that the right to approach the 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.

Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part.

• It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
• The power of the High Court to issue a writ is much wider than that of the Supreme Court.

Conclusion

Writs are an essential part of legal systems in various countries and serve to protect individual rights, ensure fair and just proceedings, and maintain the authority and integrity of the courts. The specific types and availability of writs may vary depending on the legal system and jurisdiction.

-Article written by Swathi Satish