WRITS in INDIAN CONSTITUTION 📖📎
➡️Supreme Court and High Court have the power to issue writ under (Article 32) and (Article 226) of constitution respectively.
➡️These writs are conferred under “RIGHT TO CONSTITUTIONAL REMEDIES” and is been provided to every citizen
➡️These writs have been borrowed in India from England.
➡️There are 5 types of writs-
1- Habes corpus
2- Mandamus
3- Prohibition
4- Certiorari
5- Quo Warranto
1. Habeas Corpus ( You may have the body )
✏️The courts use the writ of Habeas Corpus to find out if a person has been illegally detained.
✏️If you detain or arrest anyone, they can file a petition, as per the Habeas Corpus. In certain cases an application of habeas corpus can be made by any person on behalf of the prisoner, i.e. a Friend or a Relatives
2. Mandamus (We Command )
✏️If a public official is not performing their duty, the court can order it them to do that. Mandamus means ‘we command’.
✏️Mandamus or the ‘we command’ 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 file a writ. It is been issued when there is failure to perform mandatory duty.
3. Prohibition: ( The act of stopping something)
✏️A lower court or a body receives a writ of prohibition, also known as a ‘stay order’, to stop acting beyond its powers.
✏️This Writ is issued when a lower court or a body tries to transgress the limits or powers vested in it.
✏️The High Court and the Supreme Court can issue the Writ of Prohibition.
4. Writ of Certiorari: ( To be certified)
✏️The Writ of Certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court.
✏️Writ of prohibition is available during the tendency of proceedings before a sub-ordinate court, Certiorari can be resorted to only after the order or decision has been announced
✏️Writ of Certiorari is a curative writ.
5. Quo Warranto ( What is your Authority)
✏️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
✏️writ of Quo-Warranto can be claimed by a person if he satisfy the court that—
A. the office in question is public office
B. it is held by a person without legal authority