Welcome to Prelims Capsule! Today is Polity Special 🙂
The Constitution of India allows Supreme Court and High Courts under Articles 32 and 226 respectively to issue writs to enforce the Fundamental Rights made available by the Part III of the Constitution.
What is a Writ?
A Writ is a formal written order issued by the Court in the name of the sovereign power.Any warrant, orders, directions, and so on, issued by the Supreme Court or the High court are called writs.
What is a Writ Petition?
- If any of your Fundamental Rights are violated a writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India.
Imp Note: The writ jurisdiction of the High Courts (Article 226) on a writ petition is wider as it extends to the constitutional rights too.
Who can file the Writ Petitions?
- All the writ petitions can only be filed by Aggrieved individual except for Quo Warranto which can be filed by any individual irrespective of whether he/she is aggrieved or not.
- In case of Habeas Corpus the any other individual on behalf of the aggrieved person can file the writ petition.
Public Interest Litigation and Judicial Activism:
- The traditional rule of “Locus Standi” that a person, whose right is infringed alone can file a petition, has been considerably relaxed by the Supreme Court in its recent decisions.
- Now, the court permits public interest litigation at the instance of public spirited citizens for the enforcement of constitutional o- legal rights. Now, any public spirited citizen can move/approach the court for the public cause (in the interests of the public or public welfare) by filing a petition:
- in Supreme Court under Art.32 of the Constitution;
- in High Court under Art.226 of the Constitution;
Writs available in India
- Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. These are known as prerogative writs in English Law because they had originated in the King’s prerogative power of superintendence over the due observance of law by his officers and tribunals.
- The prerogative writs are extra-ordinary remedies intended to be applied in exceptional or rare cases in which ordinary legal remedies are not adequate.
Various Writs available in the Constitution of India for Supreme Court and High Court are as Summarized in the table below:
| Different Writs in the Constitution of India | |||
| Name of the Writ | Meaning | Use of the Writ | Issued Against |
| Habeas Corpus | You may have the body | To release a person who has been detained unlawfully whether in prison or in private custody. | Public Officials as well as Private Persons |
| Mandamus(also called ‘Writ of Justice’) | We Command | To secure the performance of public duties by lower court, tribunal or public authority. | public authority, judicial bodies, quasi-public authority to perform the legal duty |
| Certiorari | To be certified or to be fully informed of | To quash the order already passed by an inferior court, tribunal or quasi-judicial authority. | inferior court, tribunal |
| Prohibition | To Prohibit | To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try. | Judicial authorities,administrative authorities,quasi- judicial authorities. |
| Quo Warranto | What is your authority? | To restrain a person from holding a public office which he is not entitled. | Substantive Public Authority only |
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