In this article you will learn about What is Writs in Indian Constitution in Political Science.
What is Writs in Indian Constitution
Writs are orders issued by the Supreme Court or High Courts in India to safeguard the fundamental rights of citizens. They are judicial remedies that are available for the enforcement of fundamental rights guaranteed by the Constitution of India.
There are five types of writs that are available under the Indian Constitution :
1. Writs of Habeas Corpus : It is a Latin term which means ‘if you may have the body’. “Produce the detained person in the court and explain the grounds for his arrest or detention.” This writ is used to protect the personal liberty of an individual who is unlawfully detained. It involves a remedy against any unlawful detention or arrest of any person by any prosecuting authority. It is intended to secure the freedom of any unlawfully detained person.
The Supreme Court of India as well as any High Court can issue the writ of Habeas Corpus. It is a direction of the court to a person who has been detaining any other person. It commands the detaining person to bring the detained person to court for explaining the grounds of his detention. In case the courts find that the person was being detained without any legal justification, the order to set the person at liberty is issued. This writ can be obtained by the detained person himself or by any person on his behalf.
2. Writ of Mandamus : This writ is issued by a court to a public official or a government agency to perform a specific duty that they are legally bound to perform. Mandamus is again a Latin word meaning ‘We Order’. This writ is an order of the Supreme Court or any High Court commanding a person or a body to do that which is his duty to do. Usually it is an order for directing the performance of a ministerial act, that is, an act in which a person or body is legally required to perform under given circumstances. By this writ of mandamus, the court can direct the concerned authority to do his legal duties. By this writ, a lawfully and duly selected candidate for a job can get such a writ for his appointment from the legally competent authority or person.
Further, if in the performance of an official duty, a public body or officer fails to observe the principles of natural justice, a writ of mandamus can be sought against that person or body.
3. Writ of Prohibition : This writ of Prohibition is used by a higher court to prevent a lower court from exceeding its jurisdiction. This writ is issued basically for preventing an inferior court from exceeding its jurisdiction or from acting contrary to rules of natural justice. It can be issued, for example, for preventing any judge from hearing a case in which he is supposed to have a personal interest. This writ of prohibition is issued by the Supreme Court or any High Court for preventing a magisterial court or commission or tribunal or other officers who are involved in the exercise of judicial powers affecting the property or rights of the citizens. Such a writ is issued against a body exercising public functions of a judicial nature or quasi-judicial nature. However, it cannot be issued for restraining an exercise of legislative powers. Through such a writ the superior court also supervises whether the inferior courts or tribunals have been acting within their jurisdictions and in conformity with the principles of natural justice.
4. Writ of Certiorari : The writ of Certiorari is issued by a superior court for removing a particular case from an inferior court. It can be issued even before a trial for preventing an excess or abuse of jurisdiction by an inferior court. The concerned case is then moved to a higher court for trial. It can be issued after a trial for quashing an order which had been made without jurisdiction or in defiance of the rules of natural justice.
Very often, this writ of Certiorari is sought along with the writ of prohibition for preventing the performance of an invalid act as well as for restraining the operation. Both the writs are very closely related and these are intended to ensure that the inferior courts should work only in their respective areas for jurisdictions as well as to uphold the principles of natural justice.
5. Writ of Quo Warranto : This writ of Quo Warranto is used to question the legal authority of a person holding a public office. It is a very ancient writ and has been in use since long in the common law process. It literally means : ‘What is the title of authority?’ The Supreme Court or the High Courts can issue this writ of Quo Warranto for granting an injunction to restrain a person from acting in an office to which he is not entitled. It can also be used for declaring an office to be vacant. While issuing the writ of Quo Warranto, the court has to ascertain whether there has been a usurpation of an office of a public nature. By demand for such a writ a citizen can question the authority for a particular public office of the state. Its purpose is to ask the view of the court about the legal position of any public office which has been a creation of statute. It cannot be sought against private institutions.
The fundamental purpose behind the writ of Quo Warranto is to ensure that the public has an interest to see that an unlawful claimant does not usurp a public office.
The purpose of all these writs is to enable the Supreme Court and the High Courts to perform their role as guardian-protectors of the rights of the people. These are prerogative writs which can be sought for by an aggrieved party without bringing any proceedings or suit. The writs are the means by which the people can get their right to constitutional remedies enforced for the protection of their rights. These writs have given strong teeth to the Supreme Court and High Court for acting as the guardians of the fundamental rights of the people.
This article on What is Writs in Indian Constitution in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.