Types of  Writs in Indian Constitution

A writ is an order issued by the Supreme Court and the High Court to protect fundamental rights when they are violated. The country from which India borrowed the concept of writ is Britain. Writs were borrowed from English law. In English law, they were known as prerogative writs. Only the Supreme Court and the High Courts have the power to issue writs. The Supreme Court deals with the issuance of writs in Article 32. The High Court deals with the issuance of writs in Article 226.

Until 1950, only the Calcutta, Bombay and Madras High Courts had the power to issue writs. The Supreme Court can issue writs only for the enforcement of fundamental rights. At the same time, a High Court can issue writs not only for the enforcement of fundamental rights, but also for any other matter. Therefore, the jurisdiction of the Supreme Court in the matter of writs is more limited than that of the High Court. The Supreme Court has held that it is appropriate for the complainant to approach the High Court first as justice is available from the High Court. The Supreme Court can issue writs throughout the territory of India. However, the High Court has the power to issue writs only within its territorial jurisdiction. The Supreme Court cannot reject a petition under Article 32 to the Supreme Court. However, the High Court has the power to reject a petition under Article 226 to the High Court. All the words used to describe writs are Latin words. The number of writs guaranteed by the Indian Constitution is five. The writs guaranteed by the Indian Constitution are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

1. Habeas Corpus (to have the body)

A writ known as the guardian of personal liberty. Habeas Corpus was first mentioned in the Magna Carta of 1215. The word Habeas Corpus means to produce the body/you may take possession of the body. A writ ordering the release of someone who has been unlawfully or unjustly imprisoned and brought before a court. The court orders that the person who has been unjustly imprisoned be brought before the court. The court then examines the legal grounds for the detention. If the court finds that the detention was unlawful, the court may release the person. This order can be issued against private individuals or public authorities.

Cases where Habeas Corpus cannot be issued

(a) If the detention is lawful

(b) If it is a legal proceeding for contempt of the legislature/court

(c) If it is a detention by order of the court

(d) If the detention is beyond the jurisdiction of the court

Example: A is being detained unjustly by a police officer named B. A writes a letter to the High Court. Thereafter, A and B are summoned to the High Court and B is asked to explain the reason for A's detention. If B is unable to give any reason or justification, the court can release A.

2. Mandamus (we command)

The Latin word mandamus means we command/we order. Such an order is issued when a person holding an official position does not perform the legal duty he is required to perform or if doing so adversely affects the fundamental rights of another person. This means to perform the assigned duty.

A writ of mandamus can be issued against public bodies, corporations, subordinate courts, tribunals and, if necessary, against the government.

Circumstances in which a writ of mandamus cannot be issued

• It cannot be issued against a private individual or a private institution.

• It cannot be issued against the President of India or the Governors of the States (Article 361).

• It cannot be issued against a Chief Justice of a High Court whose term of service has not expired.

• A mandamus cannot be issued against the government to enforce an obligation arising from any contract.

• A mandamus cannot be issued to compel an institution to act in a manner that is not lawful.

3. Prohibition (to forbid)

The word Prohibition means to forbid. This order is usually issued by a higher court (Supreme Court/High Court). This court tells the lower court not to consider a case that is beyond its jurisdiction. A Prohibition is a writ issued against judicial and quasi-judicial bodies. A Prohibition writ is not issued against administrative bodies, private individuals/institutions or legislative bodies. This writ is based on the old saying 'Prevention is better than cure'.

4. Certiorari (to be certified)

The Latin word Certiorari means to be certified, to be informed. A writ ordering a case to be transferred from a lower court to a higher court. When the law is distorted or the jurisdiction is exceeded, the case can be transferred to a higher court for trial. Prohibition is a preliminary prohibition whereas Certiorari is a prohibition and a remedy. A writ of Certiorari can be issued against judicial and quasi-judicial bodies. The High Court judged in 1991 that this writ can also be issued against administrative authorities that affect the rights of individuals. This writ cannot be issued against private institutions/individuals and legislative bodies. 

5. Quo Warranto (on what authority)

On what authority is the meaning of the word Quo Warranto. Quo Warranto is an order issued by the court if it is found that a person holding any official position is not qualified to hold that position. By this order, the said person is removed from the official position without being allowed to continue in that position for any reason. Quo Warranto is issued to clarify the legality of a person's claim. This writ can be issued only against a public office that is legally constituted or constitutionally established and has a permanent nature. Quo Warranto is not permissible against a ministerial office or a private office. Unlike the other four writs, the aggrieved citizen does not have to seek permission in this case, but any other citizen with a public interest can seek Quo Warranto.