Types of Writs in the Constitution of India

Types of Writs in the Constitution of India

Writs

A writ petition can be termed as a formal return order issued by a judicial authority who possesses the authority to do so. Basically, a writ can be understood as a formal written order issued by a court having authority to issue such an order. A writ petition is an application filed before the competent court requesting it to issue a specific writ.

Types of Writs in the Constitution of India

Writ of Habeas Corpus

Habeas Corpus is a prerogative writ which was granted to a subject of his majesty who was detained illegally in a jail. It is an order of release. Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from unlawful or unjustifiable detention and is available against the executive.

Writ of Mandamus

Mandamus literally means a command. Mandamus is issued against a person who has a legal duty to perform but has failed to do so. A legal duty emanates from either in the discharge of a public duty or by operation of law. The writ of mandamus is basically issued to compel an authority to do his duties or exercise his powers in accordance with mandates of law. The authority may also be prevented from doing an act which he is not entitled to do. The authority against whom the writs are issued maybe Governmental semi-governmental or judicial bodies.

Writ of Certiorari

Certiorari is a command or an order to an inferior Court or Tribunal to transmit the records of a cause or matter depending before them to the Superior Court to be dealt with there and if the order of inferior Court is found to be without jurisdiction or against the principles of natural justice it is to be quashed.

Certiorari is an extraordinary legal remedy and it is corrective in nature. It is issued in the form of an order by a Superior Court to an inferior civil Tribunal which deals with the Civil rights of persons and which is the public authority to certify the records of any proceeding of the latter to review the same for defects of jurisdiction fundamental, irregularities of the procedure and for errors of law Apparent on the proceedings.

Writ of Prohibition

It is a command by the Superior Court to inferior courts and tribunals to refrain from doing what it is about to do. It prevents from assuming or threatening to assume jurisdiction which it does not possess. Prohibition is a basically a judicial writ issued from a superior jurisdiction to an ecclesiastical or similar Tribunal or an inferior temporal Court including under the latter description administrative authorities having a duty imposed on them to proceed judicially to prevent those tribunals from continuing their proceeding in excess of or abuse of their jurisdiction of violation of the rules of natural justice or in contravention of the laws of the land.

Writ of Quo Warranto

The term Quo Warranto means by what authority. Whenever any private person wrongfully usurps an office, he is prevented by the writ of quo warranto from continuing in that office. The basic conditions for the issue of the writ are that the office must be public it must have been created by statute or constitution itself it must be of a substantive character and that the holder of the office must not be legally qualified to hold the office or to remain in the office or he has been appointed in accordance with the law.

Above are Types of Writs in the Constitution of India.

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Also read

  1. cleartax.in/s/writs
  2. Administrative law by Professor UPD Kari,21st edition,2016
  3. types of writs in Indian Constitution


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