How Many Types of Writs are There

Introduction

The power of the Indian judiciary to protect and uphold the basic rights of its citizens lies in the issuance of writs. These written orders, issued by either the Supreme Court or the High Court, serve as a call to action for individuals to seek constitutional remedies in instances where their rights have been transgressed. In accordance with the provisions laid out in Article 32 and Article 226 of the Indian Constitution, citizens may petition the highest courts of the land to remedy any violations of their fundamental rights. Through the issuance of writs, the Supreme Court and the High Court assert their authority to defend and enforce the rights of the citizens, serving as a steadfast safeguard of the democratic principles enshrined in the constitution.

Types of Writs

The Indian Supreme Court is the guardian of the people's fundamental rights. It possesses unique and extensive powers for that. It issues five different types of writs to enforce citizens' fundamental rights. The five categories of writs are:

1. Habeas Corpus

2. Mandamus

3. Prohibition

4. Certiorari

5. Quo-Warranto

Habeas Corpus

Habeas Corpus is a Latin phrase that means "to have the body of." This writ is used to protect an individual's fundamental right to liberty from wrongful confinement. The Supreme Court or High Court directs a person who has detained another person to present the latter's body in court through the Habeas Corpus procedure. Habeas corpus is used to resolve preliminary issues in criminal cases, including

whether there is a sufficient reason for detention;

• Removal to a different federal district court;

• The denial of bail or parole;

• A claim of double jeopardy;

• The failure to ensure a prompt trial or hearing.

• The legality of extradition to a foreign country.

Mandamus

We commend the exact meaning of this writ. The court may utilize this writ to order a public employee who has disregarded or refused to perform his obligations to return to work. A mandamus may be issued for the same reason against any public institution, company, the lower court, tribunal, or government in addition to public officers.

• Mandamus cannot be issued against a private individual, unlike Habeas Corpus.

• Mandamus cannot be granted against the Chief Justice of a High Court

In the following circumstances, a mandate cannot be issued:

• To implement departmental directives without formal authority

• Forcing someone to work when the employment is optional and not required

• To make a contract's terms enforceable

Prohibition

The word "prohibition" literally means "to forbid." A court that is higher in rank issues a Prohibition writ to a court that is lower in rank in order to stop the latter from going beyond its scope of authority or assuming authority it does not have. It promotes inaction.

Some facts are :

• Only judicial and quasi-judicial bodies are eligible for Writs of Prohibition.

• It cannot be used against executive or judicial branches of government, or private individuals or organizations.

Certiorari

The word "Certiorari" means "to be certified" or "to be informed" in its literal sense. A court with greater authority issues this writ to a lesser court or tribunal, directing them to either transfer a case that is pending with them to itself or reverses a ruling. It is issued because of an excess of jurisdiction, a deficiency in the jurisdiction, or a legal error. It not only stops mistakes in the judiciary but also fixes them.

Some facts are:

• Prior to 1991, only judicial and quasi-judicial authorities were subject to the writ of certiorari; administrative authorities were not

• After 1991, the Supreme Court decided that administrative authorities who violate people's rights could be the subject of certiorari.

• It cannot be used against governmental entities, as well as private individuals or organizations

Quo-Warranto

By what authority or warrant is the exact meaning of the writ of "Quo-Warranto." This writ is issued by the Supreme Court or the High Court to stop someone from unlawfully taking up a public office. Using this writ, the court looks into a person's eligibility for a public office.

Some facts are:

• Quo-Warranto can only be issued when a substantive public office of a permanent type constituted by a statute or by the Constitution is at stake.

• It cannot be issued against a ministry or private office.

Conclusion

Writs are official written requests made by the courts to enforce the right to constitutional remedies in cases of violations of basic rights. Articles 32 and 226 of the Indian Constitution, respectively, grant authority to the Supreme Court and the High Courts of India.