The Different Types Of Writs In India

A writ may be a formal composed request issued by a Court. Any warrant, requests, headings, etc, issued by the Supreme Court are called writs.

Writ requests are often documented within the supreme court (Article 226) or the Supreme Court (Article 32) of India when any of your principal rights are damaged. The ward with the High Courts (Article 226) concerning a writ appeal is more extensive and stretches bent sacred rights also . The concept of writ is provided under Indian Constitution, article 226 and 32. There are five sorts of writs: namely, hearing , habeas corpus, mandamus, prohibition and certiorari. the proper constitutional remedies as we all know may be a guarantor of all other fundamental rights available to the people of India. Additional to the above, the constitution also provides for the parliament to confer on the Supreme Court power to issue writs, for the aim aside from those mentioned above. Similarly High courts in India also are empowered to issue writs for the enforcement of any of the rights conferred by Part III and for the other purpose. The primary writ is Writ of Habeas Corpus; “Habeas Corpus” may be a Latin term which accurately means “you may have the body.” The writ is issued to supply an individual who has been detained, whether in prison or privately custody, before a court and to release him if such detention is found illegal. The key point of the writ is to ensure quick legal survey of supposed unlawful confinement on freedom or opportunity of the detainee or confinement. The extraordinary estimation of the writ is that it empowers quick assurance of the privilege of a private on his opportunity. Under Art. 22, a private captured is required to be created before a judge within 24 hours of his capture, and inability to try to intrinsically qualifies the captured individual for being discharged .Habeas corpus cannot be conceded where a private has been focused on guardianship under an invitation from a talented court when at initial sight the request doesn’t give off an impact of being without jurisdiction or entirely unlawful.

2. Mandamous- The second writ is Writ of Mandamus, A writ of Mandamus is issued by a better authority to a lower authority (lower court) basically tribunal or a public authority to perform an act which such an inferior court is sure to perform. If a public official isn’t performing his duty, the court can order it or him/her to try to do that. Mandamus means we command, this writ is often issued against anyone, including the president or governor of the state, a personal person or judge. A person or a personal body can simply file a writ petition of mandamus, subject to the person/persons having legal rights to try to do so, within the matter concerned and in such case where the priority has no such right to file a writ petition, he can’t do so.
3. Prohibition- The third quite writ that’s being discussed is writ of prohibition which suggests to place a stop also referred to as a ‘stay order’, and it’s issued to an inferior court or a body to prevent acting beyond its powers. Acting beyond its powers isn’t entertained generally and one shouldn’t do so.
4. Certiorari- The fourth quite writ is Certiorari. The writ of Certiorari is issued by the Supreme Court to an inferior court or the other body to transfer a specific interest the upper courts than itself. The Writ of Certiorari is issued by the supreme court to the lower courts or tribunal, when a mistake of jurisdiction or law is believed to be committed. Writ of Certiorari may be a curative writ.
5. Hearing – The writ of Quo Warranto (by what warrant) is issued to inquire about the legality of a claim by an individual or authority to act during a position , which he or she isn’t entitled to. The writ is merely for the general public offices and doesn’t include private institutions/offices in the least . The term hearing means what’s your authority. The writ of hearing is employed to judicially control executive action within the matter of creating appointments to public offices under relevant statutory provisions. While issuing such a writ, the Supreme Court merely makes a public declaration of the illegality of the appointment and can not consider other factors, which can be relevant for issuance of a writ of certiorari. The writ requires the concerned person to elucidate to the Court by what authority he holds the office. If an individual has usurped a position, the Court may direct him to not perform any activities within the office or may announce the office to be vacant. Thus supreme court may issue a writ of quo-warranto if an individual holds an office beyond his retirement age.

These are the five kinds of writs which were issued by the Supreme Court and Supreme Court under Arts. 32 and 226 of the constitution .Habeas corpus and hearing being sure to explicit circumstances, Certiorari and Mandamus are the 2 most typically searched for writs to regulate the activities of authoritative bodies. A writ are often recorded just if your basic rights are being disregarded. For the foremost part, you’ll record a writ appeal against state and government offices. Be that because it may, a writ Petition can likewise be issued against private experts once they are releasing open capacities. This is often all about various sorts of writs.

Tripti Bhushan

Assistant Professor, Department of Law, Kalinga University

Email-tripti.bhushan@kalingauniversity.ac.in