Writ is an order which is issued by higher authorities. These are the powers which is exercised by the Supreme Court and the High Court if there is any violation of fundamental rights of a citizen. It is one of the most important power given to the courts. The writs can be issued under Article 32 and Article 226 of Indian Constitution. Article 32 gives power to the Supreme Court while Article 226 gives power to the High Court. Article 32 in itself is a fundamental right while Article 226 is not considered as a fundamental right. Article 32 gives right to the people to move to the Supreme Court if his/her fundamental right is violated and thus, this makes Article 32 the soul of the Indian Constitution. However, Article 226 is much wider than that of Article 32 as Article 32 is invoked for the enforcement of fundamental Rights whereas Article 226 is invoked for enforcement of fundamental right as well as other legal rights too. Article 32 can be suspended during an emergency while Article 226 cannot be suspended.
Types of Writs under Indian Constitution
There are fives types of writs under Indian Constitution. They are as follows:
- Writ of Habeas Corpus
- Writ of Mandamus
- Writ of Certiorari
- Writ of Prohibition
- Writ of Quo-Warranto
Writ of Habeas Corpus
It means ‘to have the body’. Habeas Corpus is used for the enforcement of fundamental right of individual liberty. It is issued when a person is under illegal detention. The Courts orders the authority who has detained the other person to present that person in the court to determine whether the person has been detained legally or illegally. If the ground on the basis of which the detention has been made proves to be invalid then the person under detention can be released by the Court. If the detention is lawful and if the detention is outside the jurisdiction of the Court, then this writ cannot be issued.
Writ of Mandamus
Mandamus means ‘we command’. It is issued by the higher court to a lower court, tribunal or public authority to do an act or to refrain from doing a particular act. When an authority fails to perform its legal responsibility or refuses to perform the same then the Court can issue mandamus against that body.
Writ of Certiorari
Certiorari literally means ‘to be certified’ or ‘to be informed’. This writ is issued by the Higher Court to a lower Court or tribunal. Certiorari is issued when a lower Court exceeds its jurisdiction or the higher Court orders to transfer a pending case to itself. Bodies which are judicial and quasi-judicial in nature against them this writ is issued. This writ does not extend to those bodies who performs administrative functions.
Writ of Prohibition
Prohibition means ‘to forbid’. This writ is issued by the higher Court to the lower Court or tribunal to prevent the latter from exceeding its jurisdiction. If the lower court or tribunal gives the judgement to a case of which the court does not have the jurisdiction then this writ is issued and the given judgement is also considered invalid.
Writ of Quo-Warranto
Quo-Warranto means ‘by what authority’ or ‘by what warrant’. This writ is issued by the Supreme Court or the High Court to prevent a person from illegally taking over public offices. This writ will not be issued if the office held is private. It can only be issued if the office is public and the person held is without any legal authority.
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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