Introduction

A writ refers to a legal document that orders a person to perform or to stop performing a specific action. It is a formal written order in common law that is issued by a body with judicial jurisdiction; this body is generally called a court in recent times.

Anglo-Saxons developed the concept of writ firstly in England. Writs under Indian law  issued as a remedy for aggrieved persons. Under Article 266 of the Constitution of India the power to issue prerogative writs has been granted to the High Courts and to the Supreme Court under Article 32.

 The High Court’s Jurisdiction in issuing Writs is as follows:

Territorial

The High Court’s have the authority within their territory of state to issue writs. Under Article 226(2) Extra-territorial jurisdiction has been granted to the court. Permission to issue writs to any government, authority or person outside the territorial jurisdiction is allowed to the High Courts if any part of the cause of action arises in the concerned state. 

Article 226 (2) states “The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.”

Subject matter

High Courts have been granted to a large extent this power to exercise. Writs can be issued not only for the enforcement of Fundamental Rights, but also for non-Fundamental Rights.

Types of Writs

1. Habeas Corpus

Habeas corpus is a Latin term which means ‘To have the body of.’ This type of writ is used in cases of illegal detainment. Through Habeas Corpus, the court can direct the detainer to appear before court and give a valid statement for the detention. The detainer must provide proof that the grounds for detainment was legal, thus the onus of proof is on the detainer, and he must show proof of authority to do the same. If the court identifies that the person has been illegally detained, the court can then order the detainee to be set free.

2. Mandamus

Mandamus is a writ which is issued to any person or authority who has been ordered a duty by law, In Latin Mandamus means “to command,” It  doesn’t create a new duty, but it compels the progress of an existing duty. The Court uses this writ to order the public official to resume his work, who failed to perform his duty.

3. Prohibition

The literal meaning of ‘Prohibition’ is ‘To forbid.’ The High Court uses this writ to judicial and quasi-judicial bodies, resisting the said bodies from continuing with any proceeding which is in jurisdictions it does not possess.

4. Certiorari

Certiorari means “to certify,” and it is a writ which is issued by the High Court to the  lower court or tribunals directing them to transfer the records of a case delaying to itself or quash their order. This is issued on the basis of excess of jurisdiction. A writ of certiorari is corrective in nature, preventing and curing for the mistakes in the judiciary.

5. Quo-Warranto

Quo-warranto  means ‘By what authority’ the Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by an individual. This writ is issued to a person in an office, Through this writ, the court enquires  the legality of a claim of a person to a public office.

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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