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Did you know a writ is essential for the protection of fundamental rights? A writ refers to a formal written order issued by a high court or the Supreme Court to ensure protection of fundamental rights. Articles 32 and 226 of the Indian Constitution grant power to the courts to issue writs to enforce our fundamental rights. Therefore, writs are essential in ensuring justice and maintaining the rule of law. This blog covers the 5 types of writs in the Indian Constitution. That is, Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. You will learn about these writs and how they are applicable.
Table of Contents
What is Writ?
Simply put, writs are a formal written order from a judicial authority to protect fundamental rights. This written order can be issued to an organisation, a government body or even an individual to perform, or to refrain from performing specific acts. Writs prevent a person from engaging in unlawful activities and maintain the law and order of the country.
What is Writ? A writ can be issued by the Supreme Court or the High Court of India to enforce fundamental rights. That is,
- Article 32– This article permits the Supreme Court of India to issue writs to enforce fundamental rights
- Article 226– This article permits the High Courts to issue writs to enforce fundamental rights, and for additional activities. For example, to ensure that people have direct access to the judiciary to seek a remedy if their rights are violated.
Types of Writs in the Indian Constitution
The following are the five types of rights in the Indian Constitution. We have provided the meaning and applicability of each writ below. This will help you to understand writs easily.
Credit: Law Legum
Habeas Corpus
Habeas Corpus is a writ that means ‘’You shall have the body’’. The writ safeguards a person’s freedom by preventing unlawful detention. By issuing this writ, the court can command the authorities to present a detained person to examine whether that person is legally detained.
Application of Habeas Corpus
The request can be filed by the person arrested or anybody else on their behalf. Habeas Corpus is applicable against an individual and even public authorities. For example, if you are arrested without being told about the charges. Moreover, if you are not presented before a magistrate within 24 hours, a Habeas Corpus can be filed.
Example Case: ADM Jabalpur v. Shivkant Shukla (1976)
During the Emergency period in India (1975–1977), the Supreme Court held that the right to Habeas Corpus was suspended. Therefore, the arrested people could not seek relief. This decision was criticised. Later on, it was overruled. The 44th Amendment to the Constitution ensured that the right to life and personal liberty cannot be suspended even during an emergency.
Mandamus
Mandamus comes second in the types of writs in the Indian constitution. It means ‘We command’. The purpose of issuing Medamus is to enable the public authorities or officials to perform their legal duties.
Application of Mandamus
A court cannot issue this writ against a private individual or a body. For example, Mandamus becomes applicable if an official refuses to grant a permit or license to a person to whom he/she is legally entitled.
The catch? These types of writs in indian constitution are not applicable against the State Governors, the President of India, or against a Chief Justice in their judicial capacity.
Example Case: John Paily & Ors v. State of Kerala & Ors (2021)
The petitioners of this case wanted the court to issue a mandamus to direct the state to create a tribunal and protect their religious rights. The Supreme Court stated that it cannot force the legislature to create laws. The court emphasised that there is a separation of powers and they cannot intervene as it is an abuse of judicial process.
Prohibition
Prohibition is third in the list of types of writs in the indian constitution. This writ simply means “To forbid” . This writ prevents the lower courts or tribunals from exceeding their jurisdiction. Typically, a higher court issues this to a lower court or tribunal. Prohibition is an order to stop the proceedings.
Application of Prohibition
This writ has to be passed before the lower court passes the judgment. It does not apply to administrative authorities.
Example Case: Brij Khandelwal v. Union of India (1975)
In this case, the Delhi High Court refused to issue a prohibition against the Central government. The Central Government was involved in a boundary dispute with Sri Lanka. As per the Court, the government has the right to perform executive or administrative duties.
Certiorari
Certiorari is 4th in the types of writs in the Indian constitution. Certiorari means ‘to be certified’. This allows the higher court the right to quash a decision/order of a lower court/tribunal. That is, only if the lower country has acted beyond its jurisdiction. It can also be issued if a lower court has violated the principles of natural justice.
Application of Certiorari
What is Writ of Certiorari? Once Certiorari is issued the matter the decision of the lower court will not be valid. Moreover, the matter will be transferred to a higher court. This writ isis only applicable to judicial and quasi-judicial bodies. Moreover, it can only be issued after a lower body has passed the order.
Example Case: Syed Yakoob v. K.S. Radhakrishnan (1964)
This is an important case on the limits of judicial review. The Supreme Court ruled that a writ can only be issued when there is judicial error or a violation of natural justice. Otherwise, it can be issued if the error is truly obvious on record. The case clarified that the court cannot reappreciate evidence. Thus, the court set clear boundaries.
Quo Warranto
Quo Waranto is the fifth type of writs in the Indian constitution. Quo Waranto means“By what authority?” This writ challenges the legality of a person’s claim to public office. The writ prevents a person from holding a public office to which they are not entitled.
Application of Quo Warranto
The writ applies to a public office created by a statute or the Constitution. Private and contractual offices are excluded from it. Any person can file this writ .You don’t have to be personally affected to apply.
Case Example: University of Mysore v. C.D. Govinda Rao (1965)
The Supreme Court stated that the writ of quo warranto can be issued when a person holds a public office without having the necessary qualifications. This writ is there to ensure that only legally qualified individuals hold public posts.
Also Read:
- Facts About the Constitution of India: 20 Interesting Facts About Constitution of India
- 18 Facts About B. R. Ambedkar- Architect of the Indian Constitution
FAQs
The 5 types of writs are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. These writs help the court to protect the fundamental rights.
Mandamus is issued to make a public official perform the duty that they are obliged to perform. Certiorari is a request for a higher court to review the decision of the lower court.
Mandamus writ is a command to enforce the performance of public duties by public authorities. The writ requires the public official to perform his/her duty.
Certiorari is also known as “percolating issues”. It is often referred to as cert- the cases that require the Supreme Court’s attention as “cert. worthy”.
Locus standi means that a person has the right to appear in a court or before anybody on a given question. This means a person has the right to be heard in a court.
Article 227 grants the right to the High Court the power of superintendence over all courts and tribunals within its jurisdiction. This means they have the power to oversee the functions of these courts and ensure that they act as per the rules.
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