Difference between various Writs

Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Under this, the Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights. The writs issued may include habeas corpus, mandamus, prohibition, certiorari and quo-warranto. High Court under Article 226 can also issue writs. The Parliament (under Article 32) can empower any other court to issue these writs.

These writs are borrowed from English law where they are known as
‘prerogative writs’. In this article, we will discuss difference between all the writs.

Meaning of various Writs

• Habeas Corpus– It is a Latin term which literally means ‘to have the body of’.
• Mandamus– It literally means ‘we command’.
• Prohibition– It means ‘to forbid’.
• Certiorari– It means ‘to be certified’ or ‘to be informed’
• Quo-Warranto– It means ‘by what authority or warrant’

Definition of various Writs

• Habeas Corpus-It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.
• Mandamus-It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
• Prohibition-It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike the mandamus that directs activity, the prohibition directs inactivity.
• Certiorari– It is issued by a higher court to a lower court or tribunal, either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
• Quo-Warranto– It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.

Issued against

• Habeas Corpus-The writ of habeas corpus can be issued against both public authorities as well as private individuals.
• Mandamus– It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
• Prohibition-The writ of prohibition can be issued only against judicial and quasi-judicial authorities.
• Certiorari-Previously, the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authories. However, in 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.
• Quo-Warranto-The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.

Instances where not issued

• Habeas Corpus-The writ is not issued where the (a) detention is lawful, (b) the proceeding is for contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the jurisdiction of the court.
• Mandamus– The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce departmental instruction that does not possess statutory force; (c) when the duty is discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the president of India or the state governors; and (f) against the chief justice of a high court acting in judicial
  capacity.
• Prohibition-It is not available against administrative authorities, legislative bodies, and private individuals or bodies.
• Certiorari-Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.
• Quo-Warranto-It cannot be issued in cases of ministerial office or private office.

Sought by

• Habeas Corpus-Only aggrieved person
• Mandamus-Only aggrieved person
• Prohibition-Only aggrieved person
• Certiorari-Only aggrieved person
• Quo-Warranto-Any interested person