According to Articles 12-35 of the Indian Constitution, every citizen is given a number of essential rights. Granting fundamental rights is necessary, but it is also necessary to protect them. As a result, the Indian Constitution’s Article 32 provides a remedy for the protection of fundamental rights by allowing the Supreme Court to issue writs when a citizen’s basic rights are violated and to the High Court under Article 226 of the Constitution.

A writ is a directive or order issued by a higher court requiring someone to carry out or refrain from carrying out a certain action. Any person may submit a writ petition when the state violates one of their fundamental rights.

Article 226 empowers the High Courts to issue writs not only for the enforcement of fundamental rights but also for any other legal right. Thus, writ jurisdiction of the High Court is wider than that of Supreme Court (SC) because the SC can issue writs only for the enforcement of fundamental rights under Article 32.

Types of writs mentioned in the Indian Constitution:

Habeas Corpus:

‘Habeas Corpus’ literally means “to have a body of”.

This writ is used to release a person who has been unlawfully detained or imprisoned.

By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention.

If the Court concludes that the detention was unlawful, then it directs the person to be released immediately.


Mandamus’ means ‘we command’.

It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform.

It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.

It cannot be issued against a private individual or body, the President or Governors of States, or against a working Chief Justices.


It is issued by the High Court or the Supreme Court to the subordinate court or the tribunal to prevent them from exceeding their jurisdiction which hasn’t been vested upon them under the law.

It cannot be applied to statutory bodies, administrative agencies, or private individuals or businesses.

Only judicial and quasi-judicial organizations are subject to it.


It is issued by the High Court or the Supreme Court to the judicial or quasi-judicial authorities when such authority passes the order without having jurisdiction in such case, exceeding the jurisdiction conferred upon it, or when it violates the principle of natural justice.

It is issued against a lower court or tribunal in order to transfer the matter to another superior body for careful consideration.

Quo Warranto:

It is issued by the court to inquire into the legality of the claim made by the person who is holding a public office.

The ministerial office cannot be the target of it.

This writ is used to determine who has the legal authority to hold a public office in the event of a disagreement.

Difference between Writ Jurisdiction of the High Court and the Supreme Court-

The Constitution of India has given the power to issue writs to the Supreme Court in Article 32. This power is wider in case of High Courts as the Supreme Court has restricted powers when it comes to issuing writs. The difference is given below:

*The Supreme Court can issue writs only in case there is a violation of Fundamental Rights.

*The High Court has a wider scope to exercise this power. They can issue writs not only when there is a violation of Fundamental Rights but also in other cases.


One of the most significant powers given to the Supreme Court and the High Courts is the ability to grant writs. By offering a quicker remedy and safeguarding individuals’ rights, writs uphold democratic norms by delivering justice quickly. The significance of writs cannot be overstated, and because the courts have been granted so broad authority, they must exercise it wisely.

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