WRIT II WRIT POLITY II WRIT WITH TRICKS II POLITY IN BENGALI II POLITY BY M. LAXMIKANT II WRITS II
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Types of Writs in India
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:
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo-Warranto
Aspirants should go through these writs one-by-one as all of these are important for UPSC prelims and UPSC Mains and can help score well if understood with clarity.
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 other person to bring the body of the latter before the court.
Facts about Habeas Corpus in India:
Supreme Court or High Court can issue this writ against both private and public authorities.
Habeas Corpus can not 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. Besides public official, 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 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 which is higher in position issues Prohibition writ against a court which 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 against 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 to squash 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.
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