Types of Writs in the Constitution of India
[ writ: issued by an authority (order/warrant/direction) ]
Supreme court & High courts are empowered with Writ jurisdiction
Parliament can extend this power to lower courts also for special cases
5 types of writs:
Habeaus Corpus: (Have the body)
Court is empowered to bring any person before the court. Then court examines the reason of his detention, and if there are no legal justification of detention he is set free.
• Detained not brought before magistrate before 24hrs
• arrested without violation of law
• arrested under an unconstituional law
• detention is done to harm (malafide)
A bulwark’ of individual liberty against arbitrary detention.
Petition should be filed by person whose rights is infringed, but Habeaus corpus is exemption. Any person on behalf of infringed person can file the petition.
Mandamus: (we command)
Issued by court to public offical/body /corporation /inferior court/tribunal/government
COMMANDING them to perform their duties.
Cannot be issued against:
• private individual/ body
• duty in question is discretionary or not mandatory
• against a working chief justice / President / Governor
• to enforce some private contact
Filed by person who seeks a legal duty performed by a body.
Supreme & High courts can prohibit lower courts (special tribunals/magistrates/commisions/judiciary officers) to do something outside their jurisdiction
Certiorari: (to certify/verify)
Superior court orders this writ to lower court to either tranfer the case or squash its order. Often issued as superior court believes that inferior court has no jurisdiction or made error.
Quo warranto: (by what warrant)
Enquire legality of the claim of a person or a public office.
(This writ restrains a person to act in a office which he/she is not entitled to)
Applicable only to public offices (not private offices).