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constitutional writs

The Indian Constitution empowers the supreme Court or high court to issue writs.
Parliament can empower any court to issue the writs but without prejudice to the above powers conferred in the supreme Court.

how to file a writ petition

We can file writs when our fundamental rights are violated.
Writs can't be filed in lower courts, We can only file writs in supreme Court or high court.
You can file a writ petition against state and government agencies, However, a writ Petition can also be issued against private authorities.

Writ of habeas corpus

Habeas Corpus literally means ‘to have the body of’.
Order issued by a court to produce a person who has been detained or imprisoned to be physically brought before the court.
The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free.

writ can be issued

When the person is detained and not produced before the magistrate within 24 hours.
When the person is arrested without any violation of a law.
When a person is arrested under a law which is unconstitutional.
When detention is done to harm the person or is malafide.

writ of Mandamus

Mandamus is the latin term which means to give the mandate .
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.Mandamus can't be issue against Private bodies or individuals.Issue to any public body, a corporation, an inferior court, a tribunal or government for the same purpose.

writ of prohibition

Prohibition means to forbid.
Order passed by The higher court to a lower court or tribunal to prevent from exceeding its jurisdiction.Issue against judicial or quasi- judicial authorities.

writ of certiorari

certiorari Means - To be certified

Issued by a high court and a Lower Court or tribunal either to transfer a case pending or to squash the order.

a writ of superior court to call up the records of an inferior court or a body acting in a quasi-judicial capacity.

writ of quo warranto

It means by what authority?

Issued by a court to enquire into the legality of a claim to a person by public officer.

Quo warranto is used to test a person’s legal right to hold an office.

This writ can only applicable on public officers.


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