Various types of Writs in India

Let’s talk about writs basically, A writ is a formal composed request issued by a Court. Any warrant, requests, headings, etc, issued by the Supreme Court or the High court are called writs.


A writ request can be documented in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your principal rights are damaged. The ward with the High Courts (Article 226) concerning a writ appeal is more extensive and stretches out to sacred rights as well. The concept of writ is provided under Indian Constitution, article 226 and 32. There are five types of writs: namely, quo warranto, habeas corpus, mandamus, prohibition and certiorari. The right to constitutional remedies as we know is a guarantor of all other fundamental rights available to the people of India. In addition to the above, the constitution also provides for the parliament to confer on the supreme court power to issue writs, for the purpose other than those mentioned above. Similarly High courts in India are also empowered to issue writs for the enforcement of any of the rights conferred by Part III and for any other purpose. The first writ is Writ of Habeas Corpus; "Habeas Corpus" is a Latin term which literally means "you may have the body."


The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal. The key point of the writ is to guarantee quick legal survey of supposed unlawful confinement on freedom or opportunity of the detainee or confinement. The extraordinary estimation of the writ is that it empowers quick assurance of the privilege of an individual as to his opportunity.


Under Art. 22, an individual captured is required to be created before a judge inside 24 hours of his capture, and inability to do as such would qualifies the captured individual for be discharged .Habeas corpus can't be conceded where an individual has been focused on guardianship under a request from a skilled court when at first sight the request does not give off an impression of being without jurisdiction or entirely unlawful.


2. Mandamous- The second writ is Writ of Mandamus, A writ of Mandamus is issued by a higher authority to a lower authority (lower court) basically tribunal or a public authority to perform an act which such a lower court is bound to perform. If a public official is not performing his duty, the court can order it or him/her to do that. Mandamus means we command, this writ can be issued against anyone, including the president or governor of the state, a private person or chief justice. Any individual or a private body can simply file a writ petition of mandamus, subject to the person/persons having legal rights to do so, in the matter concerned and in such case where the concern has no such right to file a writ petition, he can not do so.

3. Prohibition- The third kind of writ that is being discussed is writ of prohibition which means to put a stop also known as a ‘stay order’, and it is issued to a lower court or a body to stop acting beyond its powers. Acting beyond it powers is not entertained generally and one should not do so.

4. Certiorari- The fourth kind of writ is Certiorari The writ of Certiorari is issued by the Supreme Court to a Lower Court or any other body to transfer a particular matter to the higher courts than itself. The Writ of Certiorari is issued by the high court to the lower courts or tribunal, when an error of jurisdiction or law is believed to be committed. Writ of Certiorari is a curative writ.

5. Quo Warranto- The writ of Quo Warranto (by what warrant) is issued to inquire about the legality of a claim by a person or authority to act in a public office, which he or she is not entitled to. The writ is only for the public offices and does not include private institutions/offices at all. The term quo warranto means what is your authority. The writ of quo warranto is used to judicially control executive action in the matter of making appointments to public offices under relevant statutory provisions. .


While issuing such a writ, the High court merely makes a public declaration of the illegality of the appointment and will not consider other factors, which may be relevant for issuance of a writ of certiorari. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.


These are the five sorts of writs which were issued by the Supreme court and High court under Arts. 32 and 226 of the constitution .Habeas corpus and Quo warranto being bound to explicit circumstances, Certiorari and Mandamus are the two most usually looked for writs to control the activities of authoritative bodies. A writ can be recorded just if your basic rights are being disregarded. For the most part, you can record a writ appeal against state and government offices. Be that as it may, a writ Petition can likewise be issued against private experts when they are releasing open capacities. This is all about various kinds of writs.


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