Tuesday, 1 December 2015

Types of Writs in the Constitution of India

Writs are issued by the Supreme Court of India to enforce the fundamental rights of Indian citizens, guaranteed by the constitution.

  The power to issue writs is a provision under “Right to Constitutional Remedies” under article 32 by Supreme Court and under article 226 by the High Courts.

SC issues 5 types of writs:

1. Habeas Corpus (meaning – you may have the body): To release a person who has been detained unlawfully, whether in prison or in private custody.
Example: The habeas writ was used in the Rajan case, a student victim of torture in local police custody during the nationwide Emergency in India in 1976.On 12th March 2014, Subrata Roy‘s counsel approached the Chief Justice moving a habeas corpus petition. It was also filed by Panthers Party to protest the imprisonment of Anna Hazare.

2. Mandamus (meaning – we command): To secure the performance of public duties by a lower court, tribunal or public authority, which they fail to do on their own.
Example: mainly to keep power of police in check when they resort to hooliganism.

3. Certiorari (meaning – to be certified): To quash an order already passed by a lower court, tribunal or quasi-judicial authority.
Example: Pankaj Kumar Ganguly and Ors. vs Bank Of India And Ors. on 17 April, 1956

4. Prohibition: To prohibit an inferior court from continuing the proceedings in a case when it is outside their jurisdiction.
Example: A. Dhanasekaran vs The Commissioner on 21 March, 2011

5. Quo Warranto (meaning – what is your authority): To restrain a person from holding a public office to which he is not entitled.
Example: Removal of CVC of India PJ Thomas by SC.

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