Writs In Indian Constitution
Writ Petition is a formal written order issued by the Higher court to the Concern authority or lower court. And the order contains directs to the lower court or concern authority to do a certain act or not to do a certain act. Hence, Writ is a written order in the name of the issuing court. It is the directions the higher court to act in a specific way. Types of Writs – High Court Writs In Constitution Of India.
However, any person can file a criminal or civil writ petition in the High Court or the Supreme Court depending on the nature of matter. Article 226 and Article 32 of the Constitution of India provides right to file a writ petition in the High Court and the Supreme Court. Article 32 and Article 226 of the Constitution of India provides the process and meaning of the writ petition. Furthermore, In the writ petition, we can challenge the order of the lower court. If we do not satisfy the with an order of the High Court in the writ petition, we can challenge the order of High Court in Supreme Court.
Purpose of Writ Petition
When there is a violation of fundamental right Article 226 provides, Writ Petition can file in High court. And an individual can approach to the Supreme Court under article 32 of Constitution India for getting his fundamental rights protected. Writ Petition can file for any civil and criminal act. Therefore, we can file a criminal writ petition for quashing of FIR, for granting bail. And Civil Writ Petition for a civil wrong, IPR, taxes, property matters, divorce matters etc.
Type of Writs in the Constitution of India ((Types of Writs – High Court Writs In Constitution Of India).
There are five types of writs provided in the constitution of India, which we can present either before the High Court or Supreme Court of India. Following are the different types of Writs provided by the constitution of India.
- Habeas Corpus
- Quo Warranto
Habeas Corpus Writ
The Latin meaning of Habeas Corpus is ‘to may have the body of’. Habeas Corpus writ has provided to grant relief against illegal detention. When a person detained illegally, he can present the writ of Habeas Corpus before High Court and get the order for the release of that person. The High Court may order the authority to produce the detain person before him and examine him. After examining the person if the court finds that he has illegally detained. Court order to release that person.
High Court and Supreme Court can issue a writ of Habeas Corpus against public and private authorities. Habeas Corpus cannot be issued in lawful detention or detention by the competent court.
However, to secure the release of a person from illegal detention the Indian Judiciary has successfully resorted the writ of habeas. Personal liberty is the constitutional right in India and the writ of habeas corpus help to protects the personal liberty in the event of illegal detention or arrest. Furthermore, the personal liberty of a person is very much important, the judiciary has abolished with the traditional policy of locus standi. Hence, a when a detained person is not in a situation to present a petition. It can be presented by any person on his behalf. The Indian Judiciary has also dispensed with the strict rules of pleading.
In Kanu Sanyal Vs District Magistrate, while deciding the real space of writ of habeas corpus, the supreme court observed that while dealing with a petition for writ of habeas corpus, the court may scrutinize the legality of the detention without requiring the person detained to be produced before the court.
Who can file a writ of Habeas Corpus?
A person who has detained illegally can present writ of habeas corpus in High court. However, the court may allow another person in certain case to present a writ of habeas corpus on behalf of that detained person.
One can file the writ petition of Habeas Corpus in any of the courts, be it High Court or the Supreme Court. Also, one can issue it under the following circumstances where:
High Court or Supreme Court may issue a writ of Habeas Corpus in the following circumstances.
- When a person has detained with malafide intention and to provide injury to that person.
- The person has been detained but has not been produced before the magistrate within 24 hours of arrest.
- A person has arrested without any violation of law. And against the provision of the constitution of India.
Writ of Mandamus (Types of Writs – High Court Writs In Constitution Of India).
The meaning of Mandamus is a Latin word is ‘we command’. In a writ of Mandamus, the Higher court issue orders to lower court, forum, tribunal or any other public authority to do any act which otherwise also falls under the purview of their duty.
Following requirements are necessary for the issue of the writ of mandamus:
- There should be the existence of a legal right.
- That legal right shall be enforceable by the court
- Enforcement of such a right must impose a responsibility on a person, public authority, corporation or government
- Such duty is of public nature
Writ of mandamus can be issued against the following:
- A private body or an individual
- If the duty which is the subject matter is discretionary and not mandatory
- It can be issued against the president or the governor of the state
- Against an acting chief justice
- To enforce a private contract
Who can file the Writ of Mandamus?
Any person or a private body can present the court petition under the writ of mandamus, till the party have legal rights in the concerned matter to do so.
Writ of Prohibition- Types of Writs – High Court Writs In Constitution Of India.
The writ of prohibition means to stop or prohibit. And it also known as Stay Order. The writ of prohibition issue when a lower court transgress the powers conferred in them. The writ of prohibition issued by the high court or supreme court to any lower court, quasi-judicial authority prohibiting the latter from continuing the proceedings in a certain case, where they have no jurisdiction to try. And after the issue of a writ of prohibition, the proceedings of the lower court come to end.
The Court issued the writ of Prohibition to the quasi-judicial authority, lower court, and tribunal to stop or put a stay on the power exercised by the authority.
The essential conditions required for the issue of a writ of prohibition is the excess of jurisdiction and absence of jurisdiction.
Difference between Mandamus and Prohibition
- In the Writ of Mandamus, High Court directs the performance of an activity to a subordinate court. Whereas in the Writ of Prohibition, the higher court like the Supreme Court orders to stop doing something more than their authority.
- Writ of mandamus can issued against administrative authority, any judicial and quasi-judicial authority. Whereas writ of prohibition issue only against quasi-judicial authority and judicial authority and not against the authorities like administrative.
Writ of Certiorari –Types of Writs – High Court Writs In Constitution Of India.
The writ of Certiorari means to certify. When the court found that a lower court or tribunal has passed an order which is beyond its power an error of law. Court issue Writ of Certiorari. However, in writ of certiorari court may quash the order of lower court or tribunal and transfer the case. The Court can issue the writ of certiorari against the tribunal or inferior court.
The court can issue the writ of certiorari when the lower courts or the quasi-judicial authority act in:
- The absence of their authority, or
- Exceeds their authority or
- Fails to make use of their jurisdiction
The Essential Condition for Writ of Certiorari:
- There should be an officer, tribunal or court who should have legal authority to finalise the question with a duty to act judicially.
- Such officer, court or tribunal should have passed an order acting without authority/ jurisdiction. Or in additional of the judicial capacity entrusted by law on such tribunal, court, or officer.
- The order which passes by the officer, court and tribunal should against the principles of natural justice. Or the order could contain a mistake/error of verdict in appreciating the facts of the case
There is an important difference between writ of Certiorari and Prohibition. These writs are issued at a different stage of proceedings. When the lower court takes up a hearing for a matter over which such court has no jurisdiction, the person against whom hearing has taken can move the Higher Court for the writ of prohibition. And ask the court to pass the order forbidding the lower court from continuing the proceedings.
Writ of quo warranto
Latin meaning of Writ of quo warranto is ‘by what authority or warrant’ or ‘on whose authority is one holding a public office’. The Court can issue a writ of quo warranto to restrain a person from acting in the capacity of public office to which he/she does not have the power. However, Qua warranto can not issue against private or ministerial office. Qua warranto can issue the substantive public office of a permanent character by the constitution.
By this writ, a Court may call upon the person holding a public office and ask him to show on what authority he hold the office. Furthermore, if the court found that a person has not entitled to hold the office, he may remove from it. Hence, the object of the writ of quo warranto is to prevent a person from holding an office he has not entitled. This writ can not issue to private-public.
Meaning of Writ Petition in Hindi, Marathi and Tamil
Marathi- रिट याचिका, Hindi – रिट याचिका, Tamil – ரிட் மனு
However, there are five types of writs provided in the constitution of India i.e. Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. Habeas Corpus and Quo Warranto are used do confine specific situation. And Mandamus and Certiorari are sought to control the actions of administrative bodies.