Writs in Indian Constitution As per the Right to Constitutional Remedies-Articles 32-35, A citizen has right to move to the courts for securing the fundamental rights. Citizens can go to the Supreme Court or the high Courts for getting their fundamental rights enforced. It empowers the Courts to issue directions or orders or writs for this purpose. Types of Writs: 1. Writ of Habeas Corpus :images (a) Habeas Corpus means ‘you may have the body’. (b) This ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. (c) This right originated in the English legal system, and is now available in many nations. 2. Writ of Quo Warranto : (a) The meaning of the term Quo Warranto is ‘by what authority’. (b) The writ shall be issued only when the public office is held by a particular person in an illegal manner. (c) If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. 3. Writ of Mandamus : (a) A writ of mandamus is an order issued by a superior court to a lower court or other entity commanding the lower court, corporation or public authority to perform or not perform specific acts. (b) It cannot be issued to compel an authority to do something against statutory provision. (c) For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications 4. Writ of Certiorari :images (1) (a) It is a writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court’s decision. (b) It is a writ seeking judicial review. (c) The granting of this writ does not necessarily mean that the Supreme Court disagrees with the decision of the lower court. Granting a writ of certiorari means merely that at least four of the justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court. 5. Writ of Prohibition : (a) A writ of prohibition is issued primarily to prevent an inferior court from exceeding its jurisdiction, or acting contrary to the rule of natural justice, for example, to restrain a Judge from hearing a case in which he is personally interested. (b) These Writs are issued as “alternative” or “peremptory.” An alternative Writ directs the recipient to immediately act, or desist, and “Show Cause” why the directive should not be made permanent. A peremptory Writ directs the recipient to immediately act, or desist, and “return” the Writ, with certification of its compliance, within a certain time. (c) The writ can be issued only when the proceedings are pending in a court if the proceeding has matured into decision, writ will not lie.
Posted on: Wed, 13 Aug 2014 18:16:51 +0000
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