Writ under Indian Constitution,Shivani Singh Sengar@Lexcliq

WRIT : Types of writ

Writ General Meaning –

 a formal order inWriting issued under seal, in the nameof a sovereign, government, Court orother authority, commanding an officeror other person to whom it is issued,to do or refrain from doing some actspecified therein.

Constitutional Remedy Under the Indian Constitution,Supreme Court and High Court areempowered to issue writs, for theenforcement of fundamental rights.Article 32 – Supreme Court

Article226 – High Court

 Article 32 – Constitution of IndiaIt grants an extensive originaljurisdiction to the Supreme Court inregard to enforcement of Fundamental Right.

Article 226 – Constitution of IndiaIt can be exercised not only for theenforcement of fundamental right butfor any other purpose.Jurisdiction is wide and extends toFundamental rights and otherconstitutional rights.

Types of Writ Habeas corpus Mandamus Prohibition Certiorari Quo-warranto

Writ of Habeas corpus

Habeas Corpus means, “you may have the body.”A person, when arrested, can move theCourt for the issue of Habeas Corpus. It isan order by a Court to the detainingauthority to produce the arrested personbefore it so that it may examine whether theperson has been detained lawfully or otherwise. If the Court is convinced that theperson is illegally detained, it can issueorders for his release.

Who can apply?

General rule is that an application canbe made by a person who is illegally detained. But in certain cases, anapplication of habeas corpus can bemade by any person on behalf of the prisoner, i.e., a friend or a relation.

CASE STUDY

Sunil Batra Vs. Delhi Administrationand Ors. etc

The Supreme Court enlarged thescope of habeas corpus, makingavailable the fundamental rights of the prisoners

Writ of Mandamus Mandamus is a Latin word, which means”We Command”.

Mandamusis an order from a superior courtto a lower court or tribunal or publicauthority to perform an act, which fallswithin its duty.

Simply, it is a writ issued to a public officialto do a thing which is a part of his official duty, but, which, he has failed to do, so far.This writ cannot be claimed as a matter of right. It is the discretionary power of a courtto issue such writs.

 CASE STUDY

Barada Kanta VS. State of West Bengal

In this case, writ of mandamus doesnot lie against a private individual orany private organisation because theyare not entrusted with a public duty.

 Writ of Prohibition Writ of prohibition means to forbid or to stopand it is popularly known as Stay Order. This writ is issued when a lower court or abody tries to transgress the limits or powersvested in it.It is a writ issued by a superior court tolower court or a tribunal forbidding it toperform an act outside its jurisdiction. Afterthe issue of this writ, proceedings in thelower court etc. come to a stop.

Case Study

S. Govinda Menon VS. Union of India

The writ is issued in both cases wherethere is excess of jurisdiction andwhere there is absence of jurisdiction.

Writ of CertiorariLiterally, Certiorari means to be certified.The writ of certiorari is issued by theSupreme Court to some inferior courtor tribunal to transfer the matter to it orto some other superior authority forproper consideration.

Case Study

 Hari Vishnu VS. Ahmad Ishaque

The writ is issued for correcting anerror of law apparent on the face of records. It cannot be issued to correctan error of fact.

 Case Study

Madan Gopal VS. Union of IndiaApply both Prohibition and Certiorari -Prohibition to prevent the court toproceed further with the case andCertiorari for quashing what hadalready been decided.

Writ of Quo-WarrantoThe word Quo-Warranto literally means “onwhat authority one is holding the publicoffice”It is a writ issued with a view to restraining aperson from acting in a public office towhich he is not entitled.For example, a person of 62 years hasbeen appointed to fill a public officewhereas the retirement age is 60 years.Now, the appropriate High Court has a rightto issue a writ of quo-warranto against theperson and declare the office vacant.

For example, a person of 62 yearshas been appointed to fill a publicoffice whereas the retirement age is60 years. Now, the appropriate HighCourt has a right to issue a Writ of quo-warranto against the person anddeclare the office vacant.

Case StudyBaij VS. State of U.P.,

Where the holder of an office hasbeen continuing in office for a longtime and there is no complaint againsthim the court refused the writ as itwould have been vexatious

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