What is Writ in Indian Constitution:- Indian Constitution gives the power of every individual to go to the supreme court under article 32 and High Court under article- 226 if his/her Fundamental rights/other right get violated. Thus the Supreme court has been constituted as the defender and guarantor of the fundamental rights of the citizens of India.
What is Writ in Indian Constitution?
If any citizen of India feels that his/her fundaments rights get violated by the public authorities, private individuals, any public body, Judicial and Quasi-judicial authorities, then he/she can approach the supreme court for the remedy. Then Supreme court issue five types of orders or writs for the enforcement of any of the fundamental rights. The writs issued may include these types of writs which are given below-
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo-Warranto.
Note:- The Supreme court can issue one writ for one case.
1. Habeas Corpus Writ in Indian Constitution:-
- It is an order issued by the court to person/officer who has detained another person, to produce the body of the latter (Detained person) before court with in 24 hours.
- The court examin the couse of legality of detention and court can set the detained person free if detaintion is found to be illegal.
- This writ provides the individual’s liberty against the arbitrary detaintion.
Habeas Corpus writ can be issued against– Public authorities and as well as private individuals.
Can not issue where the-
- Detaintion is lawful
- The proceeding is for the contempt of legislature and court.
- Detaintion is outside the jurisdiction of court
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2. Mandamus:-
It is a command issued by the court to public officials asking him to perform his/her official duties that he has failed or refuse to perform.
Mandamus writ can be issued against-
- Any Public Body
- A corporation
- An inferior court
- A tribunal
- Goverment
Can not issue-
- Against the President of India.
- Against the Governers of State.
- Against the Chief Justice of a high court acting in judicial capacity
- Against a private Individuals
3. Prohibition:-
This writ is issued by the higher court to a lower court or tribunal court to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possed.
Prohibition writ can be issued against-
- Judical
- Quasi-Judicial Authorites
Can not issue against-
- Administrative Authorities
- Legislative bodies
- Private individuals or body
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4. Certiorari:-
Certiorari writ is issued by the higher court to the lower court or tribunal court. The main objective of this writ is to keep the inferior courts, judicial and quasi-judicial authorities within their limits of jurisdiction and if the act in access of their jurisdiction their decision will be quashed by the High Court and Supreme Court by issuing a writ of certiorari.
Thus Prohibition writ is only preventive, and Certiorari writ is preventive as well as curative.
Previously this writ is only issued against the judical and quasi-judicial but in 1991 the supreme court ruled that the certiorari can be issued even against administrative authorities affacting the rights of individuals.
Certiorari writ can be issued against-
- Judical
- Quasi-Judicial Authorites
- Administrative Authorities
Can not issue against-
- Legislative bodies
- Private individuals or body
5. Quo-Warranto writ in Indian Constitution-
It is issued by the court to enquire into the legality of claim of a person to a public officer. By writ of quo warranto court has the authority to ask the holder of the office that by what authority he is holding the office. The writ of quo warranto acts as a weapon for judiciary to control the execution from making appointments to public office against law.
Can not issue against-
- Ministerial office
- Private office
Difference between Certiorari and Prohibition
| Certiorari | Prohibition |
| It is both preventive and curative in nature | Preventive in nature. |
| Issued to quash the order passed by the inferior courts or tribunals in excess of jurisdiction. | It prevents inferior court or tribunal to decide any case in excess of jurisdiction |
| Issued once the decision is given | Issued before the order has been passed and is still pending before the inferior authority. |
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