What Is A Writ?
A writ is a formal written order issued by Apex or Higher courts with more power. It is given to a court with a lower jurisdiction or public office or govt/semi-govt institutions or to an individual if any citizen’s fundamental rights are violated. A writ may be issued by the Indian Supreme Court in accordance with Article 32 of the Indian Constitution. The High Court also has this authority under Article 226.
Lets understand the basic differences between Article 32 and Article 226 of the Indian Constitution.
Why Writ Is Required?
A writ petition is typically filed when someone’s fundamental rights have been violated or they have been the victim of injustice. For the following reasons, it is essentially a corrective measure provided by the constitution against the nation’s body responsible for maintaining law and order:
To assist people in defending their rights against judicial orders
The legal system’s authorized higher authorities do not object to providing an alternative to the harmed in the event of an accusation to guarantee that justice is administered and not obstructed.
In simple terms, enforcement of the Article 32 and 226 is done with the help of five prerogative Writs .
The following outlines the type of Writs, the steps to be taken, and the requirements that the petitioner must meet in the event that any fundamental rights have been violated.
1. Writ of Habeas Corpus:
You should have the body.
Purpose: Release the person from illegal detention, Challenge the legality of detention.
Scope:
- It is in the nature of an order calling upon the person who has detained another to produce the latter before the court
- To know on what ground he has been detained
- To set him free if there is no legal justification for the imprisonment
Landmark Cases:
- Kanu Sanyal v. District Magistrate
the court may examine the legality of the detention without requiring the person detained to be produced before it
- Sheela Barse v. State of Maharashtra
if the detained person is unable to pray for the writ of habeas corpus, someone else may pray for such writ on his behalf.
- Nilabati Behera v. State of Orissa
The petitioner was awarded compensation of Rs. 1, 50, 000.
2. Writ of Mandamus
It is a courts order of commanding an inferior court or public authority to perform an official duty correctly
The Writ can granted against a public authority if :
- Acted against the law
- Exceeded his limits of power
- Acted with malafides
- Did not apply his mind
- Abused his discretionary powers
- Did not take into account relevant consideration
- Has taken into account irrelevant consideration
Landmark cases:
• Hemendra v Gauhati University :
Mandamus was issued to direct a University to announce that the petitioner has passed where, University had refused so to declare though the petitioner had obtained the pass marks required by the statutory rules of the University.
• Barada Kanta v State of West Bengal :
Writ of Mandamus cannot be issued against an individual person or any private organization because they are not entrusted with a public duty.
3. Writ of Certiorari
It means “To be Certified” Both preventive and curative.
Issued by SC and HC’s for quashing the order of any inferior court, tribunal or Quasi- Judicial body.
Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233)
It is issued to correct the errors of Jurisdiction.
When court or tribunal acts illegal in its jurisdiction.
Order against principles of natural justice.
Court acts in exercise of its supervisory and not appellate Jurisdiction.
An error in the decision or determination itself may also be amenable to a writ of Certiorari.
Landmark cases
Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction.
1. Check whether inferior court has exceeded its jurisdiction.
2. Mere formal and technical errors doesn’t attract this.
4. Writ of Quo-Warranto
It means “what is your authority”.
Issued to restrain a person from holding a public office.
Conditions:
Public office created by a statue
Person to be appointed by a statue or statutory instrument.
Illustrations:
a) Subramanian Swamy petition against Jayalalitha in 2001. Two PIL’s against her appointment.
b) Manohar Reddy vs Union of India: two advocates filed a petition quashing the appointment of a Judge of a HC of AP and a writ is in the nature of Mandamus commanding the Bar Council of AP to cancel the enrollment as an advocate N V Ramana.
5. Writ of Prohibition
Purpose:
It is to forbid or to stop called as “Stay Order”
Issued in cases where is excess of Jurisdiction and where there is absence of Jurisdiction.
When the proceedings are pending in the court.
Issued by both SC and HC’s to any inferior court or Quasi- Judicial Body but not against legislative or administrative body
