Writs under the Constitution of India

Writs under the Constitution of India

Author:- Nehal Soni, a Student of BM Law College,Jodhpur (raj)

The Supreme Court and High Court of India have been empowered with certain writs whic they can exercise to provide justice to the citizens. This is considered the most important power of the courts to issue the writs. A writ means a command of the court to another person by which such person has to act in a certain way. Thus, writs are the essential part of the Indian Judicial System.

Types of Writs

1.Habeas Corpus: This writ is issued by the the courts in those cases where a person is illegally detained. The literal meaning of Habeas Corpus means to “have the body” and it is one of the most effective remedies available to person detained. By this writ, the court commands the person or authority who has detained or restrained another person to present such person before the court. 

The court requires the detaining person to provide a valid ground and the person detained will be released immediately by the court.

2.Mandamus: It is the another important writ which is provided for by the Indian Constitution. In this writ, the superior courts order the inferior courts to do an act or to abstain from doing an act. In India, the Supreme Court has the right to issue the writ of Mandamus even against the High Courts even though the High Courts have also been provided with this writ under article 226. 

One most important points about the writ of Mandamus is that it cannot be issued against a private person.

3. Certiorari : It is a different kind of writ when compared to other writs, this writ is corrective in nature which means the purpose of this writ is to correct an error which is apparent on records. It is also issued by the superior courts to the inferior courts. This writ can be issued when there is fundamental error in the procedure followed by the inferior courts or if there is a violation of the principles of natural justice.

If the superior court finds out that there has been a violation of natural justice or a fundamental error on the procedure adopted, it can quash the order of that inferior court.

 

4.Quo Warranto: The writ of quo warranto is issued by the courts against a private person when he assumes an office on which he has no right. Quo Warranto literally means “by what authority” and it is an effective measure to prevent people from taking over public offences.

The power to issue this writ is discretionary on the courts and therefore nobody can    demand that the court is bound to issue this writ.

5.Prohibition: The last writ which can be issued under the Constitution is the writ of Prohibition. This writ is not issued often and is used an extraordinary remedy which a superior court issues to an inferior court or tribunal for stopping them from deciding a case because these courts do not have jurisdiction.

If the court or tribunal does not have jurisdiction and it still decides the case, it will be an invalid judgement because for an act to be legal it should have the sanction of the law.