Name and explain various types of Writs allowed by Constitution of India.
CS Professional · Drafting, Appearances and Pleadings · PYQS · June 2017
Name and explain various types of Writs allowed by Constitution of India.
Answer & Explanation:
As per Articles 32 and 226 of the Constitution of India, writs are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. A brief discussion of each is as follows: Habeas Corpus - The writ of habeas corpus is a remedy available to a person who is confined without legal justification. The words 'Habeas Corpus' literally mean 'to have a body'. This is an order to let the Court know on what ground he has been confined and to set him free if there is no legal justification for his detention. Mandamus - The expression 'mandamus' means a command. The writ of mandamus is, thus, a command issued to direct any person, corporation, inferior Court or Government authority requiring him to do a particular thing therein specified which pertains to his or their office and is further in the nature of a public duty. This writ is used when the inferior tribunal has declined to exercise jurisdiction. Mandamus can be issued against any public authority. Prohibitions - The writ of prohibition is issued by the Supreme Court or any High Court to an inferior Court preventing the latter from usurping jurisdiction which is not legally vested in it. It compels courts to act within their jurisdiction when a tribunal acts without or in excess of Jurisdiction or in violation of rules or law. The writ of prohibition is available only against judicial or quasi-judicial authorities and is not available against a public officer who is not vested with judicial functions. Certiorari - The writ of certiorari is available to any person whenever any body of persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially, acts in excess of its legal authority. The writ removes the proceedings from such body to the High Court in order to quash a decision that goes beyond the jurisdiction of the deciding authority. Quo warranto - The writ of quo warranto is prayed for an inquiry into the legality of the claim which a person asserts to an office or franchise and to oust him from such position if he is an usurper.
Topics: Constitutional Law
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