INTRODUCTION: Many powers have been given to the Supreme Court and the High Courts, which they use to administer justice to the people. The authority to issue writs is one of the most important tools or powers that the courts have been given by the constitution.
A Writ is a command issued by the Court to another person or authority, requiring that person or authority to act or refrain from acting in a certain manner. As a result, writs are an important aspect of the Courts’ judicial power.
WRITS IN THE CONSTITUTION: The Supreme Court of India has the ability to issue the Writ under Article 32 of the Constitution. When a citizen’s Fundamental Right is violated, he or she has the right to approach the Supreme Court directly to seek enforcement of his or her rights, and the Court can issue the relevant Writ to do so.
Article 226 also gives the High Courts of India the authority to issue Writs. While citizens can only go to the Supreme Court if their fundamental rights have been violated, they also have the right to go to the High Court for Writs in cases where their fundamental rights have not been breached. For example, in Smt. Imtiaz Bano vs. Masood Ahmad Jafri And Ors., a mother sought custody of her two children through a writ suit under Article 226. The petition was granted by the High Court, and a writ was issued in her favor. As a result, the extent of the power to issue Writs in High Courts is greater than in the Supreme Court.
The Indian Constitution specifies five different kinds of writs that courts can issue. They are as follows:
Habeas Corpus
Mandamus
Certiorari
Quo Warranto
Prohibition
1.) Habeas Corpus– Courts grant Writs of Habeas Corpus in circumstances where a person has been wrongfully incarcerated. Habeas Corpus, which literally means “to have the body,” is one of the most effective remedies accessible to an imprisoned person.
The person or authority who has detained or confined another person must present that person before the Court under the terms of this Writ. The Court compels the detaining person to disclose the grounds for the person’s detention, and if he fails to do so, the person who has been held will be freed immediately by the Court.
Illustration- A is wrongfully detained by B, who is a police officer. Concerning this, a letter was sent to the High Court. The High Court summons B and A and inquires about the reasons for A’s detention. A will be free to leave if B fails to present a valid reason or explanation for A’s detention.
This Writ is crucial for citizens’ personal liberty because if the Constitution does not provide for it, a person can be unlawfully held or detained by any authority, which would be an obvious infringement of citizens’ personal liberty.
Despite the fact that the goal of this Writ is to protect a person from being held, it will only apply when the detention or restriction is illegal.
This Writ can be used not only by the person who is detained but also by someone acting on behalf of the detained person.
2.) Mandamus– ‘Mandamus’ is Latin for ‘we command.’ It is issued by the Court to compel a public authority to carry out legal obligations that it has failed or refused to carry out. The Court can issue it against a public officer, a public corporation, a tribunal, a lower court, or the government. It cannot be issued against a private person or entity, the President or Governors of States, or a Chief Justice who is now on the bench.
The writ of mandamus is used to confine public officials within their jurisdiction while performing their duties. The purpose of mandamus is to prevent chaos resulting from a failure of justice, and it must be provided in all circumstances where there is no specific legal remedy. It cannot be issued if the government or public authority has no legal obligation to perform.
A person in good faith who has an interest in the public authority’s execution of the duty must submit a writ petition seeking mandamus. The individual requesting mandamus must have a legal right to do so and must have demanded the authority’s fulfillment of the duty, which the authority has denied.
3.) Quo Warranto– ‘Quo Warranto’ is Latin for ‘by what warrant.’ The Court issues this writ in order for a person holding a public office to demonstrate under what authority he maintains that position. If it is discovered that the person is not qualified for the position, he may be removed from it. Its goal is to prohibit someone from occupying a position to which they are not qualified, thereby preventing usurpation of any public office. It is not possible to issue it in the case of a private office.
4.) Certiorari– The word ‘certiorari’ means ‘to certify.’ Certiorari is a writ of amnesty. When the Court believes that a lower court or tribunal has acted beyond of its authority or made a legal error, it might use the writ of certiorari to transfer the case to itself or to quash the order made by the lower court or tribunal.
5.) Prohibition– A court may issue a writ of prohibition to prevent lesser courts, tribunals, and other quasi-judicial institutions from acting outside of their power. It differs from the mandamus in that it is granted to direct idleness rather than activity.
It is issued when a subordinate court or tribunal acts without or in excess of jurisdiction, or when natural justice rules or fundamental rights are violated. It can also be granted when a lower court or tribunal violates a statute that is unconstitutional in and of itself.
WHO CAN FILE A WRIT PETITION?: Any person whose fundamental rights have been violated by the government can submit a writ petition. Any public-spirited person may file a writ petition in the interest of the general public in a Public Interest Litigation, even if his personal Fundamental Right has not been infringed.
CONCLUSION: The Supreme Court and the High Court have issued the following five categories of writs under Articles 32 and 226 of the Constitution. Certiorari and Mandamus are the two most regularly requested writs to control the conduct of administrative agencies, as Habeas corpus and Quo Warranto are limited to certain situations.
ENDNOTES: https://www.legalserviceindia.com/legal/article-68-types-of-writs-in-indian-constitution.html
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