Deepika Reddy Magham is teaching live on Unacademy Plus
RIGHTS LESSON 16 - WRITS M. DEEPIKA REDDY HYDERABAD
TYPES OF WRITS The Supreme Court can issue the following five writs under Article 32: 1. Habeas Corpus means To have body 2. Mandamus means We command 3. Certiorari means higher/superior 4. Prohibition means Prohibit 5. Quo Warranto means With what authority?
HABEAS CORPUS means to have body, in other words the body live (or) dead. Supreme Court can issue a directive to produce the body of a person who has been arrested or detained in order to examine the - legality of the arrest. Articles 19 to 22 of the Indian Constitution.
HABEAS CORPUS A petition for this writ can be filed before the court by any person including a person unconnected with the case. - can be issued in missing cases also and therefore is known as Boon for personal liberty. However cases of preventive detention are not covered under this writ.
MANDAMUS - meaning to command is issued to a public functionary directing them to perform their legal duties. A petition for this writ can be filed only by the aggrieved persons. The purpose of the writ is to get things done
PROHIBITION means not to proceed (or) not to go ahead is preventive in nature and results in in-action as it is issued by higher judicial bodies to the lower Judicial bodies directing them not to proceed with the case as it out of their limit or iurisdiction can be issued against both judicial and quasi-judicial bodies.
CERTIORARI literally means superior (or) higher. - is issued to squash or nullify a judgement given by lower courts or Quasi Judicial bodies and is therefore curative in nature.
QUO WARRANTO means with what authority and is issued to ensure that a person who occupies a public office is qualified for the office. The petition for this writ can be filed by any individual (locus standi does not matter) under the following conditions. - the office should be of public nature - it is created by a state (or) by the constitution the respondent must have asserted his claim to office