Part III of the Indian Constitution contains fundamental rights such as the right to equality, the right to life and liberty, and so on. It is insufficient to just provide for Fundamental Rights. It is also critical that these Fundamental Rights are safeguarded and enforced. To defend Fundamental Rights, Articles 32 and 226 of the Indian Constitution give anybody whose Fundamental Right has been violated the right to file a complaint with the Supreme Court or the High Court, respectively. At the same time, the two articles grant the right to issue writs in order to enforce Fundamental Rights to the country’s highest courts.
A writ is a formal written order issued by anybody with the authority to do so, whether executive or judicial. This body is generally judicial in modern times. As a result, a writ can be thought of as a formal written order issued by a court with the authority to do so. A writ petition is an application made with the relevant court to have a specific writ issued. There are 5 types of writs in India:
Habeas Corpus is a writ, which means “you may have the body” in Latin. When a person is arrested, he or she has the right to appeal the court for the issuance of Habeas Corpus. It is a court order requesting the detaining authority bring the arrested person before it so that the court can determine whether the individual was detained properly or not. If the court believes the person is being held illegally, it might issue an order for his release.
Mandamus is a Latin term that means “We Command.” Mandamus is an order from a higher court to a lesser court, tribunal, or public entity to conduct or refrain from performing an illegal act that comes within its jurisdiction. It is issued to ensure the fulfilment of public tasks as well as to enforce private rights that have been withheld by the government.
Certiorari literally translates to “to be made certain; certified.” The “quashing order” is another name for it. When the High Court or Supreme Court believes that an inferior court, tribunal, or body exercising judicial or quasi-judicial functions has passed an order that is beyond its powers or illegal, it may transfer the case to itself or another super authority for proper consideration or quash the order already passed by the inferior court or tribunal by issuing a writ of certiorari. It can only be used after the order or judgement has been made public.
The term ‘Stay Order’ refers to the Writ of Prohibition, which means to prohibit or stop something. A writ of prohibition is issued by the High Court or the Supreme Court, instructing a lesser Court, Tribunal, or judicial or quasi-judicial body to restrict the Court from continuing proceedings in a particular matter if it is outside of its jurisdiction or in violation of the law of the land. The subordinate court’s proceedings come to a halt after the issuance of this writ.
Quo-Warranto literally translates to “by what warrants.” It is a writ of prohibition issued to prevent someone from acting in a public office to which they are not qualified. The Quo Warranto procedure gives the Court the authority to summon a person holding an independent substantive public office, franchise, or liberty to demonstrate his right to hold that office, franchise, or liberty. The writ of Quo Warranto is used to prohibit the unauthorized assumption or usurpation of any public office by any person.
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.
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