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WHAT IS WRIT..?
Writs are a written order from the Supreme Court or High Court that commands constitutional
remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the
Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the
Supreme Court and High Court against the violation of his/her fundamental rights. The same
article gives the Supreme Court power to issue writs for the enforcement of rights whereas the
High Court has the same power under Article 226. The writs- Habeas Corpus, Mandamus,
Certiorari, Quo Warranto, and Prohibition form an important topic for IAS Exam and its three
stages- Prelims, Mains, and Interview.
Types of writs in India
The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it
has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of
the citizens. The five types of writs are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
Habeas Corpus
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to
enforce the fundamental right of individual liberty against unlawful detention. Through Habeas
Corpus, Supreme Court/High Court orders one person who has arrested another person to bring
the body of the latter before the court.
Facts about Habeas Corpus in India:
The Supreme Court or High Court can issue this writ against both private and public authorities.
Habeas Corpus cannot be issued in the following cases:
When detention is lawful
When the proceeding is for contempt of a legislature or a court
Detention is by a competent court
Detention is outside the jurisdiction of the court
Mandamus
The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the
public official who has failed to perform his duty or refused to do his duty, to resume his work.
LEGAL SPECTIVE
BY ADVOCATE VAISHALI KAMRA & ADVOCATE ARJUN KAMRA
©2020 by LEGAL SPECTIVE. All Rights Reserved
LEGAL SPECTIVE©
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Besides public officials, Mandamus can be issued against any public body, a corporation, an
inferior court, a tribunal, or government for the same purpose.
Facts about Mandamus in India:
Unlike Habeas Corpus, Mandamus cannot be issued against a private individual
Mandamus can not be issued in the following cases:
To enforce departmental instruction that does not possess statutory force
To order someone to work when the kind of work is discretionary and not mandatory
To enforce a contractual obligation
Mandamus can’t be issued against the Indian President or State Governors
Against the Chief Justice of a High Court acting in a judicial capacity
Prohibition
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a
Prohibition writ against a court that is lower in position to prevent the latter from exceeding its
jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.
Facts about Prohibition in India:
Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
It can’t be issued against administrative authorities, legislative bodies and private individuals or
bodies.
Certiorari
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ
is issued by a court higher in authority to a lower court or tribunal ordering them either to
transfer a case pending with them to itself or quash their order in a case. It is issued on the
grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents
but also cures for the mistakes in the judiciary.
Facts about Certiorari in India:
Pre-1991: The writ of Certiorari used to be issued only against judicial and quasi-judicial
authorities and not against administrative authorities
Post-1991: The Supreme Court ruled that the certiorari can be issued even against
administrative authorities affecting the rights of individuals
It cannot be issued against legislative bodies and private individuals or bodies.
LEGAL SPECTIVE
BY ADVOCATE VAISHALI KAMRA & ADVOCATE ARJUN KAMRA
©2020 by LEGAL SPECTIVE. All Rights Reserved
LEGAL SPECTIVE©
_ _ _____ILLUMINATING SOLUTIONS______
Website: www.legalspective.com
IG: Legalspectives
Quo-Warranto
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ Supreme
Court or High Court issue this writ to prevent illegal usurpation of a public office by a person.
Through this writ, the court enquires into the legality of a claim of a person to a public office
Facts about Quo-Warranto in India:
Quo-Warranto can be issued only when the substantive public office of a permanent character
created by a statute or by the Constitution is involved
It can’t be issued against private or ministerial office
Note: This writ gives the right to seek redressal to any individual other than the aggrieved
person.
General Facts about Writs in India:
Article 32 also empowers Parliament to authorize any other court to issue these writs
Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the
writs
Article 226 empowers all the High Courts of India to issue the writs
Writs of India are borrowed from English law where they are known as ‘Prerogative writs’
How Writ Jurisdiction of the Supreme Court Differs from that of the High
Court?
Where Article 32 of the Indian Constitution empowers the Supreme Court to issue writs; Article
226 empowers the High Courts of India. However, there are a few differences between the writ
jurisdiction of both the courts which are given in the table below:
Difference Supreme Court High Court
Purpose To only enforce fundamental rights To enforce fundamental rights but also for
other purposes (The expression ‘for any other
purpose’ refers to the enforcement of an
ordinary legal right)
Territorial Against a person or government Against a person residing, government
Jurisdiction throughout the territory of India or authority located within its
territorial jurisdiction only
Or
LEGAL SPECTIVE
BY ADVOCATE VAISHALI KAMRA & ADVOCATE ARJUN KAMRA
©2020 by LEGAL SPECTIVE. All Rights Reserved
LEGAL SPECTIVE©
_ _ _____ILLUMINATING SOLUTIONS______
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Outside its territorial jurisdiction only
if the cause of action arises within its
territorial jurisdiction
Power Article 32 is a fundamental right- Discretionary-May refuse to exercise its
the Supreme Court may not refuse power to issue writs
to exercise its power to issue the
writs
LEGAL SPECTIVE
BY ADVOCATE VAISHALI KAMRA & ADVOCATE ARJUN KAMRA
©2020 by LEGAL SPECTIVE. All Rights Reserved
