Types of Writs in the Constitution of India

A WRIT MEANS AN ORDER. A WARRANT IS ALSO A TYPE OF WRIT. ANYTHING THAT IS ISSUED UNDER AN AUTHORITY IS A WRIT. IN THIS SENSE, USING THE POWER CONFERRED BY ARTICLE 32, THE SUPREME COURT ISSUES DIRECTIONS, ORDERS OR WRITS.

AS WE KNOW THAT ARTICLE 32(3) CONFERS THE POWER TO PARLIAMENT TO MAKE LAW EMPOWERING ANY COURT TO ISSUE THESE WRITS. BUT THIS POWER HAS NOT BEEN USED AND ONLY SUPREME COURT BY ARTICLE 32 (2) AND HIGH COURTS (ARTICLE 226) CAN ISSUE WRITS.

HABEAS CORPUS, MANDAMUS QUO WARRANTO AND CERTIORARI ARE LATIN WORDS. THEY HAVE DIFFERENT MEANING AND DIFFERENT IMPLICATIONS.

Habeas Corpus Writ

BY HABEAS CORPUS WRIT THE SUPREME COURT OR HIGH COURT CAN CAUSE ANY PERSON WHO HAS BEEN DETAINED OR IMPRISONED (THIS MEANS VIOLATION OF HIS FUNDAMENTAL RIGHT TO LIBERTY) TO BE PHYSICALLY BROUGHT BEFORE THE COURT. THE COURT THEN EXAMINES THE REASON OF HIS DETENTION AND IF THERE IS NO LEGAL JUSTIFICATION OF HIS DETENTION, HE CAN BE SET FREE.

Is Body (Physical Presence) Compulsory?

ORDINARILY YES, BUT IN KANU SANYAL V/S DISTRICT MAGISTRATE (AIR) (1974) CASE THE SUPREME COURT LAID DOWN THAT THE PHYSICAL PRESENCE IS NOT A PART OF THE WRIT.

When The Writ of Habeas Corpus is Issued?

• WHEN THE PERSON IS DETAINED AND NOT PRODUCED BEFORE THE MAGISTRATE WITHIN 24 HOURS

• WHEN THE PERSON IS ARRESTED WITHOUT ANY VIOLATION OF A LAW.

• WHEN A PERSON IS ARRESTED UNDER A LAW WHICH IS UNCONSTITUTIONAL

• WHEN DETENTION IS DONE TO HARM THE PERSON OR IS MALAFIDE.

Who Can File The Petition?

A GENERAL RULE OF FILING THE PETITION IS THAT A PERSON WHOSE RIGHT HAS BEEN INFRINGED MUST FILE A PETITION. BUT HABEAS CORPUS IS AN EXCEPTION TO THAT. THIS IS BECAUSE, A PERSON DETAINED OR IMPRISONED MAY BE SEVERELY HANDICAPPED. SO ANYBODY ON BEHALF OF THE DETAINEE CAN FILE A PETITION.

IS IT APPLICABLE TO PREVENTIVE DETENTION?

YES, IT IS APPLICABLE.

What is the Core Philosophy of Habeas Corpus ?

TO SET AT LIBERTY A PERSON WHO IS CONFINED WITHOUT LEGAL JUSTIFICATION.

Can Habeas Corpus Issued Against State and Individuals?

YES, THE WRIT CAN BE ISSUED AGAINST AUTHORITIES OF STATES OR INDIVIDUALS OR ORGANIZATIONS.

Writ of Mandamus

MANDAMUS MEANS “WE ORDER”. THE SUPREME COURT OR HIGH COURT ORDERS TO A PERSON, COROPRATION, LOWER COURT, PUBLIC AUTHORITY OR STATE AUTHORITY.

What Order?

THE ORDER TO DO SOMETHING. IT’S A COMMAND OR DIRECTIVE TO PERFORM SOMETHING OR SOME ACT.

What Kind of ACT?

PERFORMANCE OF THE MINISTERIAL ACTS OR PUBLIC DUTY. THE MANDAMUS IS ALSO CALLED A WAKENING CALL. IT AWAKES THE SLEEPING AUTHORITY TO PERFORM THEIR DUTY. IT DEMANDS AN ACIVITY AND SETS THE AUTHORITY IN ACTION.



Who Can File A Weite Petition?

A PERSON CAN FILE A WRIT PETITION AGAINST ANYBODY WHO SEEKS A LEGAL DUTY FROM THAT PERSON.



What is Legal Duty?

LEGAL DUTY MEANS SOME DUTY WHICH IS BY A LAW VIZ. CONSTITUTION, ACT, SUBORDINATE, LEGISLATION ETC.




But Did The Prson Move to The Authority?

YES, THE PETITION REQUIRES THAT THE PERSON MOVED TO THE AUTHORITY AND THE AUTHORITY REFUSED TO DO THIS DUTY. THIS IS DEMAND AND REFUSAL.



What is the Core Philosophy of Mandamus

THE CORE PHILOSOPHY IS THAT A PERSON OR AUTHORITY DESPITE OF FULFILLMENT OF SUCH CONDITIONS WHICH DEMAND AN ACTION REFUSES TO ACT THEN, THE SUPREME COURT OR HIGH COURT CAN ASK THE PERSON OR AUTHORITY TO PERFORM THAT DUTY.

FOR EXAMPLE, IF A PERSON FULFILLS ALL THE PRECONDITIONS & FORMALITIES TO BE ISSUED A LICENSE BUT STILL THE AUTHORITY REFUSES TO ISSUE A LICENSE EVEN AFTER THAT PERSON APPROACHES TO THAT PARTICULAR AUTHORITY, THE PERSON MAY SEEK WRIT PETITION.



What are Essential Conditions to Fule to Request the Court Issue Mandamus Writ?

• THE PERSON MUST HAVE A REAL OR SPECIAL INTEREST IN THE SUBJECT MATTER.

• THE PERSON MUST HAVE SPECIFIC LEGAL RIGHT

• NO OTHER EQUALLY EFFECTIVE REMEDY IS THERE.

THE THIRD CONDITION CAN BE UNDERSTOOD BY THE EXAMPLE:

A PERSON FULFILLS ALL THE CONDITIONS OF AN APPOINTMENT AND THE AUTHORITY HAS COMPLETED THE SELECTION PROCEDURE THEN HE MUST BE ISSUED AN APPOINTMENT LETTER. BUT WHEN THE AUTHORITY REFUSES TO DO THIS DUTY, THE PERSON IS ELIGIBLE TO FILE A WRIT PETITION UNDER MANDAMUS.




The Writ of Prohibition

THE WRIT OF PROHIBITION MEANS THAT THE SUPREME COURT AND HIGH COURTS MAY PROHIBIT THE LOWER COURTS SUCH AS SPECIAL TRIBUNALS, MAGISTRATES, COMMISSIONS, AND OTHER JUDICIARY OFFICERS WHO ARE DOING SOMETHING WHICH EXCEEDS TO THEIR JURISDICTION OR ACTING CONTRARY TO THE RULE OF NATURAL JUSTICE. THIS IMPLIES THAT IF A JUDICIAL OFFICER HAS PERSONAL INTEREST IN A CASE, IT MAY HAMPER THE DECISION AND THE COURSE OF NATURAL JUSTICE. WRIT OF PROHIBITION MEANS TO BE ISSUED IN THIS CASE.


Writ of Certiorari


CERTIORARI MEANS A WRIT THAT ORDERS TO MOVE A SUIT FROM A INFERIOR COURT TO SUPERIOR COURT.


Quo Warranto


QUO WARRANTO MEANS “BY WHAT WARRANT”?

THIS MEANS THAT SUPREME COURT AND HIGH COURT MAY ISSUE THE WRIT WHICH RESTRAINS THE PERSON OR AUTHORITY TO ACT IN AN OFFICE WHICH HE / SHE IS NOT ENTITLED TO. THIS WRIT IS APPLICABLE TO THE PUBLIC OFFICES ONLY.


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