Types Of Writs Inwards India (Habeas Corpus, Mandamus, Prohibition, Certiorari Together With Quo Warranto)

Writs - Provisions inward Indian Constitution

The Indian Constitution empowers the Supreme Court to trial writs for enforcement of whatsoever of the key rights conferred past times Part III of Indian Constitution nether Article 32. Thus the ability to trial writs is primarily a provision made to brand available the Right to Constitutional Remedies to every citizen. The Right to Constitutional Remedies, every mo nosotros know, is a guarantor of all other key rights available to the people of India.

In improver to the above, the Constitution too provides for the Parliament to confer on the Supreme Court ability to trial writs, for purposes other than those mentioned above.

Similary High Courts inward Bharat are too empowered to trial writs for the enforcement of whatsoever of the rights conferred past times Part III too for whatsoever other purpose.

Types of Writs

There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari too Quo warranto.

1. Habeas Corpus

"Habeas Corpus" is a Latin term which literally way "you may convey the body." The writ is issued to create a soul who has been detained , whether inward prison theatre or inward individual custody, earlier a courtroom too to free him if such detention is works life illegal.

2. Mandamus

Mandamus is a Latin word, which way "We Command". Mandamus is an lodge from the Supreme Court or High Court to a lower courtroom or tribunal or world authorisation to perform a world or statutory duty. This writ of ascendence is issued past times the Supreme Court or High courtroom when whatsoever government, court, corporation or whatsoever world authorisation has to hit a world duty but fails to hit so.

3. Certiorari

Literally, Certiorari way to hold upward certified. The writ of certiorari tin dismiss hold upward issued past times the Supreme Court or whatsoever High Court for quashing the lodge already passed past times an inferior court, tribunal or quasi judicial authority.

There are several atmospheric condition necessary for the trial of writ of certiorari .

• There should hold upward court, tribunal or an officeholder having legal authorisation to stimulate upward one's heed the inquiry amongst a duty to human action judicially.
• Such a court, tribunal or officeholder must convey passed an lodge acting without jurisdiction or inward excess of the judicial authorisation vested past times constabulary inward such court, tribunal or officer.
• The lodge could too hold upward against the principles of natural jurist or the lodge could incorporate an fault of judgment inward appreciating the facts of the case.

4. Prohibition

The Writ of prohibition way to preclude or to stop too it is popularly known as'Stay Order'. This writ is issued when a lower courtroom or a torso tries to transgress the limits or powers vested inward it. The writ of prohibition is issued past times whatsoever High Court or the Supreme Court to whatsoever inferior court, or quasi judicial torso prohibiting the latter from continuing the proceedings inward a detail case, where it has no jurisdiction to try. After the trial of this writ, proceedings inward the lower courtroom etc. come upward to a stop.

Difference betwixt Prohibition too Certiorari:

1. While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari tin dismiss hold upward resorted to alone afterward the lodge or determination has been announced.
2. Both the writs are issued against legal bodies.

5. The Writ of Quo-Warranto

The discussion Quo-Warranto literally way "by what warrants?" or "what is your authority"? It is a writ issued amongst a persuasion to limit a soul from belongings a world business office to which he is non entitled. The writ requires the concerned soul to explicate to the Court past times what authorisation he holds the office. If a soul has usurped a world office, the Court may straight him non to acquit out whatsoever activities inward the business office or may denote the business office to hold upward vacant. Thus High Court may trial a writ of quo-warranto if a soul holds an business office beyond his retirement age.

Conditions for trial of Quo-Warranto

• The business office must hold upward world too it must hold upward created past times a statue or past times the constitution itself.
• The business office must hold upward a substantive 1 too non only the component or utilization of a retainer at the volition too during the pleasance of another.
• There must convey been a contravention of the constitution or a statute or statutory instrument, inward appointing such soul to that office.

Writs inward brief

Type of Writ	Meaning of the word	Purpose of issue
Habeas Corpus	You may convey the body	To free a soul who has been detained unlawfully whether inward prison theatre or inward individual custody.
Mandamus	We Command	To secure the functioning of world duties past times lower court, tribunal or world authority.
Certiorari	To hold upward certified	To quash the lodge already passed past times an inferior court, tribunal or quasi judicial authority.
Prohibition	-	To prohibit an inferior courtroom from continuing the proceedings inward a detail illustration where it has no jurisdiction to try.
Quo Warranto	What is your authority?	To limit a soul from belongings a world business office which he is non entitled.

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