Writs in Indian Constitution :-
·
Anything
that is issued under an authority is a writ. Orders, warrants, directions etc.
·
There are
five major types of writs viz. habeas corpus, mandamus, prohibition, quo
warranto and certiorari.
·
In
India, both Supreme Court and High Court have been empowered with Writ
Jurisdiction.
·
Under
Indian constitution writs are enjoyed by supreme court under Article 32 and
high court under article 226.And the writ jurisdiction of high court is wider
in scope as compared to supreme court.
A) Habeas Corpus:-
Habeas
corpus means "You may have the body". The concept of writ of
habeas corpus has originated from England. This writ is issued in order to
protect individual liberties .More importantly issued when a person is detained
unlawfully(violation of fundamental right to liberty) and the detained person
should be brought physically brought before the court with in 24 hours. This
writ can be filed by anybody not necessarily aggrieved person. It can be issued
against both state and individual.
B) Mandamus:-
Mandamus
means 'we command'. The writ is issued by court commanding a person or a
body to do its duty. It is also called awakening call, it awakes the sleeping
authority to perform their duty. It is issued when a public official or a
person holding a public office has failed to perform his/her official duty.
This writ can be issued only to ensure legal or statuary right. Private rights
cannot be enforced by it.
C) Certiorari:-
Certiorari
means “to be certified” or “to be informed”. It is issued by the higher court
to the lower court either to transferring the records of proceedings of a case
pending with it, for the purpose of determining the legality of its proceedings
or for giving fuller and a more satisfactory effect to them then could be done
in the lower court. This writ can be issued only against a judicial or
quasi-judicial body. The object of this writ is to prevent judicial or quasi judicial
body to usher excess jurisdiction. It can be filed only by the aggrieved person.
D) Prohibition:-
Prohibition
means “to forbid” or “to stop” and popularly known as 'Stay Order'. This writ
is issued when a lower court or a body tries to transgress the limits or powers
vested in it. The writ of prohibition is issued by any High Court or the
Supreme Court to any inferior court, or quasi judicial body. This writ can be
issued only against judicial and quasi-judicial body authorities and not
against administrative authorities.
The writ Prohibition and
Certiorari have little bit difference:
- The writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
- Prohibition can be issued only against judicial and quasi judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals.
- The writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced.
- Prohibition can be issued only against judicial and quasi judicial authorities whereas Certiorari can be issued even against administrative authorities affecting rights of individuals.
E) Quo Warranto:-
Quo-Warranto means "by what warrant" or "by what authority". This writ is issued to ensure that a person who occupies a public office is qualified to hold that office. It is issued to enquire the legality of claim of a person to a public office, it prevents the illegal assumption of public office by a person. This can be filed by any individual.
Quo-Warranto means "by what warrant" or "by what authority". This writ is issued to ensure that a person who occupies a public office is qualified to hold that office. It is issued to enquire the legality of claim of a person to a public office, it prevents the illegal assumption of public office by a person. This can be filed by any individual.
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