Introduction

A Writ is a form of written command in the name of a court or other legal authority. It is the order to act or abstain from acting, in a particular way. There are certain Fundamental Rights which are given to every citizen’s right from his birth. When there is a violation of these rights a person can go directly to the High Court under Article 226 or to the Supreme Court under Article 32 of the Indian Constitution. The people of India have given this power to file a writ petition to safeguard their fundamental right of right to Constitutional remedies, which is a guarantor of all fundamental rights in India.

Writs can be filed for both the civil as well as criminal acts. A criminal writ is filed when the case related to the criminal matter. For e.g. a right of accused, bail, etc. A civil writ petition is filed when the suit is related to a civil wrong. For e.g. IPR, taxes, etc.

There are five types of writs which can be filed by a citizen of India:

(a) Habeas Corpus

The Latin term for habeas corpus means ‘you may have the body’. It means that when any person is detained by the police officer and the court feels that he has been detained illegally, then the court may order to produce that person before the court. The right of the person as to his freedom is determined by this writ, because as per Article 22 of the Indian Constitution, a person arrested is required to be produced before the Magistrate within 24 hours of his arrest, and failure to do so would entitle the arrested person to be released. This writ can be invoked against the state and also the individual.

The writ of Habeas Corpus is generally filed by the person who has been illegally detained but in certain cases; it can also be filed by the person’s friend or relative.

(b) Mandamus

The Latin term for Mandamus means ‘we command’. This writ is issued by the higher courts to the lower courts, tribunals, forum or any public authority. It is passed when they fail to perform its official duty. The basic function of mandamus is to keep the public authorities within the limits of their jurisdiction while exercising public functions. It is a discretionary power of the court to exercise this right. If it feels that the lower court is not adhering to its duties, then the court can file this writ petition. Writ of Mandamus can be issued to any kind of authority in respect of any type of function which can be administrative, legislative, quasi-legislative and judicial.

(c) Prohibition

In simple terms, a writ of prohibition means ‘stay order.’ When the lower courts including the forums and tribunals exceed the jurisdiction of their powers, the Supreme Court or the High Court can issue a writ of Prohibition. Once the writ of prohibition is allowed either by the Supreme Court or in High Court, the proceedings of the lower court come to an end. This writ can be filed in cases where the inferior court:

(i)    Acted without the jurisdiction or in excess of jurisdiction.

(ii)    Acted in violation of rules of Natural Justice.

(iii)    Acted under the law which is unconstitutional.

(d) Certiorari

In the literal sense, certiorari means, ‘to be certified’. Writ of certiorari can be issued by the Supreme Court or High Court. It is passed when the Court feels that the inferior court or tribunal is exceeding their jurisdiction or fails to make use of their jurisdiction. Through this writ, the superior court can quash the orders of the inferior courts. The essential condition for passing the writ of certiorari is that this is issued for correcting an error of jurisdiction. For passing this writ, there should be a court, having the authority to determine the question with a duty to act judicially. Such a court have passed order acting without jurisdiction or over the judicial authority vested by law in such a court, tribunal or officer.

(e) Quo-Warranto

The term Quo-Warranto means ‘by what authority’. This writ is issued by the court when it feels that the holder of the public officer is not acting as per the law. The holder of the public officer has to show to the court as to what authority he is holding that post. The essential ingredients for filing the writ of quo-warranto is that office in question must be public. It should be created by the constitution or law, the person holding the office must not be legally qualified to do so. This writ is basically used to prevent executive action judicially. It prevents illegal appropriation of the public office by an individual.

Conclusion

The options of writs are given to the citizens of the country. They should feel that enough powers are given to the judiciary to control the administrative actions. Especially, when it comes to the infringement of fundamental rights. It ensures the proper check between the three organs of the democratic system. The writs keep a check on the arbitrary powers of the administrative and judicial actions.