Types of Writs Under the Indian Constitution

Article 32 of the Indian Constitution is a fundamental right that ensures our right to constitutional remedies. This article empowers the individual to go directly to the Supreme Court if their fundamental rights are violated. To protect the violation of the fundamental rights of any individual, Article 32 of the Indian Constitution gives the power to the Supreme Court to issue writs.

These writs are issued by the Supreme Court on the violation of the Fundamental Righ ts. Let’s explore in detail the Writs and their types under the Indian Constitution.

What is the Meaning of Writ?

A writ is an order of the court that requires a person or a government employee to do or not to do something for a specific work. According to the Cambridge Dictionary, “a legal document from a law court that tells you that you will be involved in a legal process and explains what you must do."

Do You Know

The Indian Constitution gives two kinds of writs to issue: the first one is issued by the Supreme Court on the violation of a fundamental right under Article 32, and the second one is issued by the High Court on the violation of any legal right under Article 226.

Types of Writs Under the Indian Constitution

Under the Indian Constitution, there are 5 types of writs which can be issued by the Supreme Court of India under Article 32, which are

1. Habeas Corpus

2. Mandamus

3. Prohibition

4. Certiorari

5. Quo Warranto

Habeas Corpus: To ensure the release of a person who has been unlawfully detained

The word "habeas corpus" means “to have a body”. The writ is used to enforce the fundamental right of individual against the unlawful detention. 

Through this writ, Supreme Court calls the person who has detained another to produce the latter before the court.

Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform.

The meaning of this writ is “we command”. This writ is used by the Supreme Court to order the public or quasi-public legal duty who has failed to perform his/her duty or deny to do official work.

Beside the public official, Mandamus is issued against any public body, any corporation, any inferior court, or a tribunal, or any government officials.

Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.

The writ of prohibition is issued by both the court, the Supreme Court and the High Court. This writ is issued to the lower court from the latter to continue proceeding there in excess of its jurisdiction, with which it is not legally vested.

Certiorari: To quash an order passed by a lower court, tribunal, or authority.

It means “to be informed of”. This writ is issued by the higer court to lower court or a tribunal court. It is used to review and correct the errors in the lower courts or transfer the pending case in higher court.

Quo Warranto: To inquire into the legality of a person's claim to a public office.

This writ means ”by what authority”. Under this preceding of this writ, it challenges the authority of someone who is holding a public office over a legal authority.

So this article was all about the types of writs under the Indian Constitution, which is a very important topic under various competitive examinations.