Origin of Writ
In common law, Writ is a formal written order issued by a body with administrative or judicial
jurisdiction. In modern times, this body is generally a Court. In olden days the writ was simply a
written order made by the English Monarch to a specified person to undertake a specified action.
E.g.: King orders the military chief to arrange the soldiers for battle at a certain place and time.
In Early times UK, Canada and Australia had a practice of a Writ of Election. Writ of Election
means a written order issued by Governor General for House of Representatives, State
Governors for State Elections (on behalf of King) to local officials to hold general elections.

Five Types of Writs:
There are five types of writs in the Indian Constitution stated in Article 32 for Supreme Court
and Article 226for High Court. They are:
Habeas Corpus
Quo Warranto
Mandamus
Prohibition
Certiorari

1. Habeas Corpus Great and Effective Writ:
Habeas Corpus was 1storiginated in 1215, in 39th clause of Magna Carta, signed by King John.
Habeas Corpus derived from Latin term which means œ that you have the body. It is used to
secure a person who has been detained unlawfully or illegally.
The detention is unlawful if:
1. It is not according to law.
2. Not strictly following the procedure established by law.
3. The invalid law is followed (Because the law infringes Fundamental Law).
4. It exceeds the law enacted by legislature.
Article 20 says Protection in respect of conviction for offences
Article 21 says Protection of Life and Personal Liberty
Article 22 says Protection against arrest and detention in certain cases Court will check the
detention with help of these articles, if the detention violates then it is unlawful or illegal
detention. Anyone can file this petition on behalf of the detainee.
Limitation for Habeas Corpus:
Though a writ of right, it is not a writ of course means it provides only procedural remedy
(Guarantees against any detention that is forbidden by law), But it does not provide any other
remedy (does not protect any other rights such as fair trial etc.)

2. Quo Warranto Authoritative Writ:
Quo Warranto is originated in the Latin in the medieval period, which means by what authority.
It is issued to the person who holds the public office and on what authority it is entitled to him.
The concerned person is responsible to the court to explain his authority on which he holds the
authority. The person who files this writ is need not to be personally suffered. This writ is filed to
test the validity of a election of a person in a university syndicate, Mayor in municipal
corporation, Nomination of members to a Legislative Council by Governor, appointment of
Chief Minister, Chief Justice, Advocate and Attorney General, University Teachers etc.
If a person who had no qualification was appointed as CM by the Governor under the Article 164
of the Constitution which is unconstitutional, the governor cannot be challenged. Because he had
the discretionary power under Article 361 and the appointment will be deserted by the High
Court.

Conditions For Issue of Quo Warranto:
1. The office must be a public one and it must be created by the constitution.
2. It must be a substantive one.
3. There must be a contravention in constitution in appointing the person for that office.

3. Mandamus Writ of Command:
Mandamus is developed from Latin word which means We command. It is an order from the
Supreme or High Court to:
1. Lower or Subordinate courts.
2. Tribunal.
3. Public Authority.
To perform the public or statutory duty. Mostly this writ of command will be issued to any
government, court, corporation or public authority fails to do their work.
Limitations for Mandamus:
Supreme Court cannot issue writs to:
a) President or State Governors
b) Chief Justice of High Courts
c) Against any private individual
d) Duties on voluntary interest
Mandamus cannot be issued against
 state government to appoint a commission for any enquiry in the state
 delegated legislative to make further rules in statutory provisions
 directing the government to make reservations (Article 16[4])
 the complete right of a private person
 to enforce the payment of money of a person in a civil liability.

4. Certiorari to Be Certified:
Certiorari is issued by a Superior Court to the inferior or subordinate courts, tribunal and other
public authorities to submit the record of a proceeding for review. Generally the writ of certiorari
was issued by the Supreme or High Court for quashing the order passed by inferior courts or
subordinate courts, tribunals or other quasi judicial authorities.
Conditions for Issue of Writ of Certiorari:
 There must be a court, tribunal or an authorised person having a legal right to act
judicially.
 Such court, tribunal or officer must act or passed an order without jurisdiction or in
excess of judicial authority.
 If the order was against the principle of Natural Justice.
 If the order contains an error of judgement.
 If it is against the constitution or contravention to the fundamental rights.

5. Prohibition Stay Order:
The writ of prohibition is issued by Supreme or High Court to an inferior court to forbid or to
stop the order passed by them. The writ of certiorari and prohibition are issued mostly on similar
grounds. The main difference between these two writs is:
 Certiorari issued to quash a decision after completion of proceedings.
 Prohibition issued before the completion of proceedings.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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