Five Writs In The Indian Constitution

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By Ministry of Home Affairs - www.mha.nic.in, Public Domain, https://commons.wikimedia.org/w/index.php?curid=665228

The Indian Constitution equips the High Court under Article 32 as well as Supreme Court under Article 226 to issue writs for enforcement of any one of the essential rights given by Part III of Indian Constitution. Therefore the power to issue writs is mostly an arrangement made to make available the Right to Constitutional Remedies to every citizen. The Right to Constitutional Remedies, as we understand, is a guarantor of all other fundamental civil liberties readily available to the people of India.

Kinds of writs:

1) Habeas Corpus:

” Habeas Corpus” is a Latin term which suggests “you might have the body.” This Writ is issued to produce a person who has been restrained, whether behind bars or secretive custody, before a court and to release him if such apprehension is found unlawful.

2) Mandamus:

Mandamus is a Latin word, which implies “We Command.” Mandamus is a direction from the Supreme Court or High Court to an inferior court or tribunal or public authority to do a public or legal task. This Writ of command is released by the Supreme Court or High Court when any government, Court, company, or any public authority has to do a general obligation but falls short to do so.

3) Certiorari:

The Writ of certiorari can be published by the Supreme Court or any High Court for revoking the order currently given by an inferior court, tribunal or quasi-judicial authority.

4) Prohibition:

The Writ of prohibition indicates to restrict or to stop as well as it is commonly referred to as ‘Stay Order.’ This Writ is issued when a more inferior court or a body attempts to transgress the restrictions or powers vested in it. The Writ of prohibition is released by any High Court or the Supreme Court to any Inferior Court, or quasi-judicial body forbidding the latter from proceeding the procedures in a particular situation, where it has no authority to try. After the issuance of this Writ, proceedings in the inferior Court, etc. come to a stop.

5) The Writ of Quo-Warranto:

Words Quo-Warranto implies “what is your authority”? It is a writ released to limit a person from holding a government office to which he is not qualified. The Writ entails the concerned person to explain to the Court by what jurisdiction he holds the office. If an individual has taken over a public office, the Court may direct him not to execute any task in the workplace or may declare the workplace to be vacant.

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