Writ is a formal order in writing issued under seal by Supreme Court or High Court commanding an officer or other person to whom it is issued, to do or refrain from doing some act specified therein.
Indian Constitution empowers Supreme Court and High Court to issue writs for the enforcement of fundamental rights conferred by Part III (Article 32 - Supreme Court & Article 226 – High Court) of Indian Constitution. Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.
Types of Writ:
- Habeas corpus
- Mandamus
- Prohibition
- Certiorari
- Quo-warranto
A person, when arrested, can move to the Court for the issue of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or otherwise. If the Court is convinced that the person is illegally detained, it can issue orders for his release.
Who can apply?
Application can be made by the person who is illegally detained itself or by any person on behalf of the prisoner, i.e. a friend or a relative.
Mandamus: Mandamus is a Latin word, which means " We Command "
Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty. Simply, it is a writ issued to a public official to do a thing which is a part of his official duty, but, which, he has failed to do, so far. This writ cannot be claimed as a matter of right. It is the discretionary power of a court to issue such writs.
Prohibition: Prohibition means "to forbid" or "to stop" and it is popularly known as 'Stay Order'.
This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. It is a writ issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ, proceedings in the lower court etc. come to a stop .
Certiorari: Literally, Certiorari means " To be certified ".
The writ of certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration .
Quo-Warranto: The word Quo-Warranto literally means “ On what authority one is holding the public office ".
It is a writ issued with a view to restrain a person from acting in a public office to which he is not entitled. For example, a person of 62 years has been appointed to fill a public office whereas the retirement age is 60 years. Now, the appropriate High Court has a right to issue a writ of quo-warranto against the person and declare the office vacant.
Memory Trick: CPM HQ : Communist Party (Marxist) Head Quarter
Certiorari, Prohibition, Mandamus, Habeas corpus, Quo-warranto
For the first time in my life i really understood what each one of them exactly means ����
ReplyDeletethank u