Writs: A Conceptual Analysis

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A writ is formal legal order issued by government authorities, mostly by the courts to do a particular duty or to refrain from doing something ultra-virus/illegal. Initially it was given or issued by the sovereign of a country or by the king of a state in the form of letters. In present situation when we talk about Indian Constitution, writs are very well covered under it and are part of our Constitution. Five kind of writs are mentioned-

Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto.

·        Habeas Corpus: it means 'to bring the body'. In case, there's any kind of illegal detention of any person, them he (the detained person) or any of his friend on his behalf may file a writ on his behalf. Here, the court may order the person who have detained anyone to bring him or produce him before the court and justify his detention, that why has he been detained illegally. On non-justification of his detention, court orders for the release of such person and this, set him free. This is the only writ, where either the person aggrieved or any other person on his behalf may be his friend, relative or his legal representative nay file the writ of habeas corpus

·        Mandamus: it means, order to do or not to do something. This writ is issued to public body to do or perform his public or statutory duty. It may be issued to a subordinate court by higher court. 

·        Certiorari: this writ is issued by higher court to subordinate court in case the subordinate court surpass its authority or exceeds its authority and gives a judgement. In this case, the higher court by virtue of writ of certiorari may quash such order of subordinate court. 

·        Prohibition: this writ is also issued by a superior Court to a subordinate court, in case the later court exceeds its jurisdiction or power. Then, by virtue of this writ, the superior court me pass an order starting thereby to stop or not to exceed its jurisdiction. This, purpose of writ of prohibition is to prohibit or stop the interior court from exceeding it's jurisdiction. 

·        Quo-Warranto: this writ means, 'by what authority'. Basically, it may be filed against any person who is sitting in public authority position and he is being asked that by what authority he/she is sitting in this position. In other words, he/she is required to show warrant by authority, they are claiming this right/position.

 

Now, that the general meaning or the concept of writs are known, the next question arises that under which article of the Constitution, we can file these writs. So, basically writs may be filed under article 226 and article 32 of the Indian Constitution.

Basic difference between article 32 and 226 is that under article 32, one can approach the Supreme Court directly in case of any infringement of his fundamental rights, whereas, under article 226, person may approach the high court in case of any infringement of his fundamental rights. Second most important difference between these two articles is that, article 32 is only for infringement of any of the fundamental rights but article 226 may be for either infringement of any fundamental rights or even for any legal rights. 

Last but not the least, article 32 is itself one of the fundamental rights i.e. right to constitutional remedies, which is the most important right in out Indian Constitution and is also known as ' the very heart and soul of the Constitution.'

 


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