WRITS IN INDIANCONSTITUTION
HIGH COURT OF J&K AND LADAKH
BY REMO SIR
WHO CAN ISSUE WRITS
TYPES OF WRITS IN INDIA
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
HABEAS CORPUS
• The term Habeas Corpus in Latin means ‘to have
the body of’.
• By issuing this writ, the Court orders the
concerned person or authority who has detained
another person to produce the body of the
detained person or prisoner before the court.
• This writ aims to review the alleged unlawful
detention of a person or an authority.
MANDAMUS
• The term Mandamus in Latin means ‘We
Command’.
• The court issues the Writ of Mandamus to a
public authority directing them to perform the
public duties they are bound to do but refused
or failed to perform.
• This writ can be issued against any public
authority, public body, lower courts, tribunals or
the government.
PROHIBITION
• The term prohibition means ‘to forbid’.
• The writ of prohibition is issued by the higher
courts, such as Supreme Courts and High
Courts, to the lower courts, quasi-judicial
bodies, or tribunals, which try to transgress
the power or limit conferred to it.
• This writ prevents the lower courts or
tribunals from exceeding their jurisdiction or
usurping the jurisdiction not legally vested in
them.
CERTIORARI
• Certiorari means ‘to be certified’ or ‘to be
informed’.
• The writ of certiorari is issued by the higher court to
the lower court directing them to either transfer
the pending case to the higher court or to squash
the order passed by them in a case.
• This writ is issued when the higher court feels that,
the lower court or tribunal has passed the
judgement or order beyond its power or when
there is an error.
QUO-WARRANTO
• The term Quo-warranto means ‘by what warrant’.
• The court issues the writ of quo-warranto to the
public officials asking them to show by what
authority they hold the public office.
• This writ reviews the actions of the administrative
authority that make appointments to public offices.
Conditions to the issue of the Writ of Quo Warranto
• When the public office is assumed wrongfully by an
individual
• When the office was created by the constitution or law
and the person holding the office is not qualified to
hold the office under the constitution or law.
