What Are the Writs in Indian Constitution? Types with Explanation

What are the writs in the Indian constitution? Writs play a crucial role in safeguarding the fundamental rights of the citizens in the Indian constitution where part III includes a complete list of the articles that deal with the enforcement of fundamental rights or ordering to abstain from prohibited acts. Writs are also called prerogatives in the law of England.

In the Indian constitution, articles 32 and 226 deal with writs. Both the Supreme Court and High Court can issue writs against a person, a body, a legal entity, or a law enforcement agency if they have found that the concerned authority violates their jurisdiction and abuses the fundamental rights as entailed in the constitution. These writs are the noble savior of fundamental rights. This article gives you a complete overview of the writs in the Indian constitution.

So, let’s highlight the various aspects of the writs of the Indian constitution for more clarity.

Page of Contents

• What Is Writs in Indian Constitution?
• Are there How Many Writs in Indian Constitution?
• Who can issue Writs in India?
• When Writs are issued in India?

What Are Writs in India or Indian Constitution?

Writs are certain commands or orders of the courts which are issued against a body or an entity that violates the fundamental rights of others or transgresses its area of jurisdiction. In other words, writs may be defined as written orders issued by the court or supreme law enforcement body of the land, that command to act either according to law or abstain from what it does.

Are There How Many Writs in Indian Constitution?

There are five writs in the constitution of India. These writs are ‘Habeas corpus, Mandamus, Prohibition, Certiorari, and Quo warranto. These writs are also called the “very soul of the constitution.” Let’s discuss each of the writs as enshrined in the constitution.

Habeas Corpus

Don’t know what is habeas corpus? The words ‘habeas corpus’ means ‘to have a body. It’s a writ ordering the person who has detained another to produce the latter before the court to let the court know on what grounds he has been confined and to set him free if there is no legal jurisdiction for such imprisonment. This writ is a direction of the court to a person who is detaining another, ordering him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. Actually, these writs command to safeguard the liberty of an innocent person who has been detained without legal jurisdiction.

The competent court can issue the writs of habeas corpus against a state, an organization, or an individual.

Mandamus

Mandamus means ‘ we command’. The writ of mandamus is an order of the Supreme Court or High Court commanding a person or a body to do that which is his or her duty to do. Actually, it’s the directing of the performance of ministerial acts. Under this writ, a person or a body is obliged to do his obligation or act by law under his jurisdiction.  An example of this is that a person has completed all the steps of being an eligible candidate for joining a service and the concerned authority or the board declared him fit for joining the service but the authority refused to issue an appointment letter to the candidate. Here, the aggrieved has the right to seek his remedy through the writs of mandamus.

Prohibition

 Literally, prohibition means ‘to forbid’. The writ of  Prohibition is issued by the Supreme Court or a High Court to an inferior court forbidding the latter to continue proceedings therein in excess of its jurisdiction. In other words, this writ prohibits an inferior court to exceed its legal jurisdiction with which it is not vested. An inferior court must stand within its legal jurisdiction while it’s exercising the power of law.

Against whom is issued the writ of prohibition?

The writ of prohibition is issued against judicial or quasi-judicial authorities only. On the contrary, it’s not against administrative authorities, legislative bodies, and private individuals.

Certiorari

Literally, certiorari means  ‘to be certified or informed’.Certiorari is an ancient prerogative writ that orders the removal of a suit from an inferior court to a superior court. It can be issued against a lower court, a tribunal or an administrative authority(since 1991) on the grounds of abuse of jurisdiction, excess of jurisdiction or error of law.

Prohibition is only preventive and issued at an earlier stage whereas certiorari may be both preventive as well as curative and issued at a later stage.

Quo Warranto

Literally, quo warranto means ‘ by what authority or warrant. The writ of quo warranto is issued by the court to the legality of the claim of a person to a public office. If the court finds that the person claiming his access to a public office is illegal, he is removed from his incumbency.