रिट writs in constitution article 32 226 habeas corpus mandamus prohibition certiorari quo warranto study for civil services

types of writs in the constitution of india
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The Supreme Court (under Article 32) and the high courts (under Article226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari
and quo-warranto. Further, the Parliament (under Article 32) can empower
any other court to issue these writs. Since no such provision has been made
so far, only the Supreme Court and the high courts can issue the writs and not
any other court. Before 1950, only the High Courts of Calcutta, Bombay and
Madras had the power to issue the writs. Article 226 now empowers all the
high courts to issue the writs.
These writs are borrowed from English law where they are known as
‘prerogative writs’. They are so called in England as they were issued in the
exercise of the prerogative of the King who was, and is still, described as the
‘fountain of justice’. Later, the high court started issuing these writs as
extraordinary remedies to uphold the rights and liberties of the British people.
The writ jurisdiction of the Supreme Court differs from that of a high court
in three respects
Habeas Corpus
It is a Latin term which literally means ‘to have the body of’. It is an order
issued by the court to a person who has detained another person, to produce
the body of the latter before it. The court then examines the cause and legality
of detention. It would set the detained person free, if the detention is found to
be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary
detention.
The writ of habeas corpus can be issued against both public authorities as
well as private individuals. The writ, on the other hand, is not issued where
the (a) detention is lawful, (b) the proceeding is for contempt of a legislature
or a court, (c) detention is by a competent court, and (d) detention is outside
the jurisdiction of the court.
Mandamus
It literally means ‘we command’. It is a command issued by the court to a
public official asking him to perform his official duties that he has failed or
refused to perform. It can also be issued against any public body, a
corporation, an inferior court, a tribunal or government for the same purpose.
The writ of mandamus cannot be issued (a) against a private individual or
body; (b) to enforce departmental instruction that does not possess statutory
force; (c) when the duty is discretionary and not mandatory; (d) to enforce a
contractual obligation; (e) against the president of India or the state
governors; and (f) against the chief justice of a high court acting in judicial
capacity.
Prohibition
Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or
tribunal to prevent the latter from exceeding its jurisdiction or usurping a
jurisdiction that it does not possess. Thus, unlike mandamus that directs
activity, the prohibition directs inactivity.The writ of prohibition can be issued only against judicial and quasi-
judicial authorities. It is not available against administrative authorities,
legislative bodies, and private individuals or bodies.
Certiorari
In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued
by a higher court to a lower court or tribunal either to transfer a case pending
with the latter to itself or to squash the order of the latter in a case. It is issued
on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
Thus, unlike prohibition, which is only preventive, certiorari is both
preventive as well as curative.
Previously, the writ of certiorari could be issued only against judicial and
quasi-judicial authorities and not against administrative authories. However,
in 1991, the Supreme Court ruled that the certiorari can be issued even
against administrative authorities affecting rights of individuals.
Like prohibition, certiorari is also not available against legislative bodies
and private individuals or bodies.
Quo-Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by the
court to enquire into the legality of claim of a person to a public office.
Hence, it prevents illegal usurpation of public office by a person.
The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot be
issued in cases of ministerial office or private office.
Unlike the other four writs, this can be sought by any interested person and
not necessarily by the aggrieved person.

रिट writs in constitution article 32 226 habeas corpus mandamus prohibition certiorari quo warranto
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Education	Upload TimePublished on 6 Sep 2018