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3 hours ago4 min read

What Are The 5 Types Of Writ ?

Writs Could Be Understood As Written Orders Given By Either The Supreme Court Or The High Court. These Written Orders Were Issued As Remedies For Indian Citizens Against Any Act Of  Violation Of Their Rights Or Fundamental Rights.


As Per Article 32 Of The Indian Constitution, Supreme Court Of India May Issue Writs While, The High Courts Of The States Can Issue Writs Under Article 226 Of The Indian Constitution


Types Of Writs


  • Habeas Corpus


Literal Meaning Of The Term Habeas Corpus- Is 'to Have The Body Of'. This Writ Is Issued When An Act Of Unlawful Detention Has Occurred. After The Writ Is Issued, The Person Or Such Authority Who Has Arrested Or Detained Another Person Would Have To Bring The Individual In Question Before The Court.


Rules For Habeas Corpus-


  • The Applicant Must Be In The Unlawful Custody Of The Other,

  • Family Members May File Application Or Evan Stranger Can Also File Such Application In Public Interest,

  • A Formal Or Informal Application Could Be Filed,

  • Application With Similar Content Cannot Be Filed Successively To Different Judges Of Same Court,

  • Mandamus


Mandamus Literally Means, 'We Command.' This Writ Is Used When A Public Official Or A Public Body Or Corporation Including A Lower Court Or Tribunal Or Even The Government Has Not Completed Its Duty Or Refused To Do So. After The Writ Is Issued, The Respective Authority Would Have To Resume Its Duty.


Grounds For Applying For Mandamus


  • Petitioner Must Have A Right In The Matter Which Is Recognized By Law

  • There Must Be An Infringement Of The Right,

  • The Petitioner Must Have Demanded The Authority To Perform Such Duty And There Shall Be A Non-Performance Of The Duty

  • There Shall Be No Other Remedy,

  • It Must Be Proved That A Duty Is Owed To The Petitioner Which Has Not Been Performed By The Authority,

  • Such Non-Performed Duty Must Be A Mandatory Duty, Etc.

  • Prohibition


Prohibition Literally Means 'to Forbid.' This Writ Will Be Issued When The Lower Court Deals With A Case Exceeding Its Jurisdiction.


Rules Of Prohibition


  • Lower Court Or Tribunal Must Have Overstepped Its Jurisdiction,

  • Such Act Of The Lower Court Or Tribunal Has Gone Against The Law,

  • In Case The Lower Court Or The Tribunal Partly Acting In Jurisdiction And Partly Outside The Jurisdiction, Prohibition Will Be Issued Against The Act Which Is Partly Outside The Jurisdiction,

  • Proceeding Must Be Pending In A Lower Court Or Tribunal,

  • Application Must Be Made Against A Judicial Or Quasi-Judicial Body Only, Etc

  • Certiorari


Literal Meaning Of Certiorari Could Be Understood As 'To Be Certified' Or 'To Be Informed.' This Kind Of Writ Will Be Used When A Transfer Of Case Is Pending In The Lower Courts Or An Order Is Given By Lower Courts In A Case, Which Needs To Be Quashed.

 

This Writ Will Be Issued For Matters Related To An Excess Of Jurisdiction Or Lack Of Jurisdiction Or Error Of Law. 


Grounds Of Certiorari


  • Overstepping Or Abuse Or Absence Exercised By The Jurisdiction Should Be There

  • There Is A Violation Of Principles Of Natural Justice,

  • Some Errors Of Law Are There, Etc.


Conditions Of Certiorari


  • The Body Or The Person Must Have Legal Authority.

  • Such Authority Must Be Related To Questions Affecting The Rights Of People,

  • Body Or Person Will Have A Duty To Act Judicial When Functioning,

  • Person Or Body Has Acted In Excess Of Their Jurisdiction Or Legal Authority, Etc.

  • Quo-Warranto


Quo-Warranto, Literally Means  'by What Authority Or Warrant.' 

This Writ Will Be Used When An Illegal Usurpation Of A Public Office Is Committed By A Person. After This Writ Is Issued, Legality Of A Claim By Such A Person To The Office Will Be Enquired.


Conditions Of Quo-Warranto


  • Office Which Has Been Wrongfully Assumed By Private Person Must Be A Public Office,

  • Office So Mentioned Must Created By Constitution Or Other Statute,

  • Duties Of Office Must Be Public Duties,

  • Office Shall Be Permanent In Nature,

  • Application Must Be Made Against Such Person Who Is In Possession Of The Office Or Uses The Office,

  • Office Must Not Be Of Private Nature, Etc.


Conclusion


Five Types Of Writs Are There, Including Habeas Corpus, Mandamus, Certiorari, Quo Warranto And Prohibition, All These Writs Are An Effective Method Of Enforcing The Rights Of People And To Compel Respective Authorities To Fulfil Their Duties.


Lead India Offers You A Team Of Experienced Advocates Who Have Been Successfully Handling Cases In The Supreme Court And The High Courts. Thus, If You Wish To Talk To A Lawyer Regarding Write Or Seek Free Legal Advice Online, You May Contact Us.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535


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