General Knowledge - Indian Politics - Discussion

Types of Writs.

There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

1. Habeas Corpus
"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

2. Mandamus
Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

3. Certiorari
Literally, Certiorari means 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, tribunal or quasi-judicial authority.

There are several conditions necessary for the issue of a writ of certiorari.

There should be court, tribunal or an officer having the legal authority to determine the question with a duty to act judicially.
Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer.
The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case.

4. Prohibition
The Writ of prohibition means to forbid or to stop and it is 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 prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.

Difference between Prohibition and Certiorari:

While 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.
Both the writs are issued against legal bodies.

5. The Writ of Quo-Warranto
The word Quo-Warranto literally means " by what warrants?" or " what is your authority"? It is a writ issued with a view to restraining a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court.

The Supreme Court may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition.

The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. Thus, the higher court transfers the case to itself.

The writ of habeas corpus is issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention. If the detention is found to be illegal, the court issues an order to set the person free.

The writ of certiorari is issued to a lower court directing that the record of a case be sent up for review, together with all supporting files, evidence and documents, usually with the intention of overruling the judgement of the lower court. It is one of the mechanisms by which the fundamental rights of the citizens are upheld.

The writ of mandamus is issued to a subordinate court, an officer of government, or a corporation or other institution commanding the performance of certain acts or duties.

The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

1. Habeas corpus -meaning literally "You may have the body".

2. Mandamus - a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

"an order of mandamus".

3. Prohibition - A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits.

4. Certiorari -a writ or order by which a higher court reviews a case tried in a lower court.

5. Quo-Warranto-a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.

Article 32 of the Constitution confers original jurisdiction on the Supreme Courtto issue directions, orders or writs for the enforcement of fundamental rights. Similarpowers are conferred on the High Court under article 226 of the Constitution. The writjurisdiction of the High court is wider than that of the Supreme Court. The High Courtcan issue writs for the violation of fundamental rights

High Court has wide jurisdiction in case of Writs in comparison to Supreme Court.

For violation of Fundamental Rights as well as Legal Rights we can ask for writ in High Court whereas in Supreme Court we can go through Writ only in case of violation of Fundamental Rights and not Legal Rights.

Supreme Court can issue writs for enforcement of fundamental rights only, whereas High Court can issue can writs for the enforcement of other rights as well.

Five writs are HabeasCorpus, Certiorari, Mandamus, Quo Warranto and Prohibition.According to ART.32.High Court under article 226 of the Constitution.

Five writs are issued by the supreme and high courts and they are habeas corpus, mandamus, certorari, prohibition and quo warranto.

There are 5 Writs , those are as follows ,

1. Hebious carpous.
2. Mandamous.
3. Prohibition.
4. Certiorary.
5. Quo-Warranto.

Five writs are HabeasCorpus, Certiorari, Mandamus, Quo Warranto and Prohibition.According to ART.32.