Writs in India refers to a legal order issued by a judicial authority with the power to do so. A written command issued in the name of the Court is referred to as a ‘Writs’.The right to constitutional remedies is guaranteed by Article 32 of the Indian Constitution. Individuals in India can file a petition with the Supreme Court if their fundamental rights are violated. The article specifies five types of Writs in India that the Supreme Court can issue. Habeas corpus, mandamus, prohibition, quo warranto, and certiorari are all part of it. Writs in India are court orders that require another person or authority to perform or refrain from performing in a specified way. As a result, writs are an important part of the judicial power of the courts. The Indian constitution utilised the concept of prerogative writs from English common law.
Types of Writs in India:
The Indian Constitution specifies five different types of writs in India that courts can issue –
- It’s a Latin term that roughly translates to “to possess the body of.”
- It is a court order that requires a person who has imprisoned another to present the prisoner in front of the court.
- The court then evaluates the legality of the detention as well as the cause for it.
- The subject will be released if the detention is deemed to be illegal. As a result, this writ safeguards personal liberty against arbitrary confinement.
- A writ of habeas corpus can be served on both public officials and private individuals.
This writ has some limitations, which means it cannot be issued under the following:
- It is legal to detain someone.
- If a competent court has ordered custody.
- The detention takes place outside of the jurisdiction of the court.
- The Indian Constitution grants Mandamus as one of the most significant Writs in India.
- The mandamus is intended to keep public officials within their authority while executing public tasks.
- It can also be used to achieve the same goal against any public person, corporation, the lower court, tribunal, or government.
This writ has some limitations, which means it cannot be issued if it is:
- against an individual or a group of individuals;
- for imposing a departmental policy that isn’t backed by the law;
- when the duty is optional rather than obligatory;
- Writ of prohibition dates back to common law. It was first employed by the superior judiciary to limit their jurisdiction by banning them from operating outside or in surplus of their jurisdiction, and it is currently used by common courts.
- It is a great piece of writing that serves as a preventative measure. It forbids courts, tribunals, quasi-judicial authorities, and other officers from acting outside of their scope of authority or using powers not granted to them.
- It is given to a lesser court or tribunal by a higher government to prevent the latter from surpassing its authority or usurping jurisdiction that it does not have.
A writ of prohibition can be issued when:
- Lack of jurisdiction or an overabundance of it
- Natural justice violation – When natural justice rules are not observed,
- Unconstitutionality of Statute — against any unlawful act of tribunal.
- When related to other Writs, Certiorari is a unique form of Writ. This Writ is correct, which implies that it is being used to repair an inaccuracy on the books.
- It is given by a higher court to a lower court or tribunal to either relocate or overturn a case that is pending before the latter.
- It is granted as a result of a legal error, an overreach of jurisdiction, or a lack of jurisdiction.
To get a Writ of Certiorari, the following requirements must be met:
- The body or individual has legal standing.
- Such a body is tasked with deciding on matters that affect people’s rights.
- While performing its functions, such an individual or body is obligated to act prudently.
- A Writ of Quo Warranto is issued by the courts against a private individual who takes a position to which he is not entitled.
- It is an effective method of preventing people from assuming public office. No one may insist that the court issue this Writ because the power to issue it is discretionary on the side of the courts.
- In the case of a governmental or private office, it cannot be issued.
Conditions that must be met
- The private individual has mistakenly assumed the office of a public official.
- The office was created by a statute or the Constitution.
- The nature of the responsibilities that come with this position is open to the public.
- The tenure of office must be indefinite and cannot be terminated at the will of any individual or authority.
All of these Writs in India are excellent resources for upholding people’s rights and requiring authorities to carry out their legal obligations. The relevance of writs is in establishing permissible regions of exercise of power, authority, and jurisdiction over any State’s administrative acts.