Types of Writ and its Scope [Art 32] UPSC

In this article, we will discuss the type of writ and its scope in a simple and easy way, and try to understand its various important aspects, So to understand well, definitely read this article till the end as well as read other related articles as well. Fundamental Rights

This article is a continuation of the article ‘ Right to constitutional remedies ‘ i.e. Article 32. So before reading this article, you must read it.

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What is a writ?

Writ is a type of privilege enjoyed by the Supreme and High Courts, which gives the Supreme and High Court the power to prevent and enforce the violation of fundamental rights.

In other words, a writ is a formal written order issued by an authorized body. In India this institution is the High and Supreme Court.

A fundamental right is of no use unless it is protected and there is no effective machinery in place to enforce it.

The High Court and the Supreme Court work like a machinery and the writ is a tool with the help of which they ensure the correct implementation of the Fundamental Rights.

One thing to be noted here is that since Article 32 is a fundamental right in itself, the Supreme Court cannot deny it. This means that if anyone files a petition related to the violation of fundamental rights in the Supreme Court, then the Supreme Court cannot refuse to hear.

On the other hand, if we talk about the High Court, then they can also deny the implementation of their writ jurisdiction because the High Court hears the case of violation of fundamental rights under Article 226, which is not a fundamental right.

Types of writ

The Supreme Court and High Courts can issue five types of writs – Habeas corpus, mandamus , prohibition , certiorari and quo warranto . Let us understand it one by one;

1. Habeas Corpus

It is taken from the Latin language, it means ‘to be presented or brought forth ‘ ,

If a person is forcibly detained by the state or by any other person and that person has filed a petition on the basis of violation of fundamental rights, then the court can issue a writ of habeas corpus in this situation .

If the court does not find the custody to be lawful, then that person is released immediately, but if the custody is lawful then this writ cannot be issued.

Writ of habeas corpus can be issued both against any public authority or any person. But they are not issued in certain cases like (1) if the custody is lawful, (2) if the proceeding is for contempt of any legislature or court (3) if the custody is outside the jurisdiction of the court; it cannot be issued.

In 1976, a well-known case came to the Supreme Court which is called the Habeas Corpus case or ADM Jabalpur vs Shivkant Shukla case. It was a case of forced custody, but the decision given by the Supreme Court at that time is counted among the worst decisions of the Supreme Court. You can read the given article for what was the whole matter.

2. Mandamus

It means ‘ We order ‘. It is an order that is issued to public units, subordinate courts, corporations, authorities and the government.

Why is this issued? When the court finds that the above mentioned institution is not doing its work properly or when any person taking any work goes to the concerned officers of these institutions and they refuse to do it.

In such a situation an order is issued to ask him about his actions and his negation and to rectify such mistakes.

By the way, it is important to remember one thing here that the Mandamus cannot be issued in some areas, such as – (1) against private person or private company, (2) such department which is non-constitutional, (3) states of India against the Governor and the President of the State, (4) against the Chief Justice of the High Court, (5) against the acts of the discretion to be performed, etc.

3. Prohibition

The literal meaning of prohibition is to stop .

It is issued by a High Court to prevent subordinate courts or tribunals from carrying out judicial functions outside their jurisdiction.

For example, if a sub-divisional court sentenced a convict to death, then the High Court can stop him. Because the death penalty is something beyond its jurisdiction.

It is worth remembering here that these can be issued only against judicial and quasi-judicial authorities. It cannot be issued against any other authorities or entities.

4. Certiorari

It literally means ‘ To be certified ‘ or ‘ To inform ‘.

This is also somewhat like a prohibition, but the main difference in this is that where the prohibition is issued to a subordinate court to prevent the encroachment of its jurisdiction. Whereas, a Certiorari is issued by a High Court to subordinate courts or tribunals for transfer of pending cases.

This means that whenever a High Court feels that a particular case should be heard and reviewed by itself, while that matter is in a lower court, then in such a situation any High Court or Supreme Court can issue a Certiorari.

One thing to be noted here is that apart from judicial authorities, it can also be issued against administrative authorities affecting the rights of individuals. However, this does not apply to private individuals or entities.

5. Quo warranto

It literally means, ‘ Authorized or by warrant’. By the way, it is also called Right of Inquiry .

Under which the court can investigate whether the public office held by a person is entitled to hold that post or not. Or in other words, whether he is entitled to take the decisions taken while in that post.

In this, the court can ask that person under what authority or by using which power you have done or decided to do a certain act.

It cannot be issued to the office or private office of a minister. Secondly, it can be asked by any interested person to issue it.

Difference in scope of work related to Writs of Supreme and High Courts

Like we have talked about above that like the Supreme Court, the High Court also has the power to issue writs, but there is some difference in the scope of issuing writs of both, which is as follows –

1. The Supreme Court is empowered to issue writs under Article 32 (which is itself a fundamental right) and the Supreme Court can issue writs only for fundamental rights. Whereas the High Court, which is empowered to issue writs under Article 226, can issue writs for any other general legal rights other than the Fundamental Rights.

2. The Supreme Court can issue writs against any person or the government, while the High Court can also issue against other states and other than the person or governments of its state.

3. Since Article 32 is a fundamental right in itself, it cannot be denied by the Supreme Court. This means that if anyone files a petition related to the violation of fundamental rights in the Supreme Court, then the Supreme Court cannot refuse to hear.

On the other hand, if we talk about the High Court, then they can also deny the implementation of their writ jurisdiction because the High Court hears the case of violation of fundamental rights under Article 226 , which is not a fundamental right.

So overall this is the writ, I hope you understand. The links of many other important articles are given below, visit them also, and definitely give the quiz.

Types of writ practice quiz

रिट के प्रकार और उसके कार्य क्षेत्र मूल अधिकारों एवं निदेशक तत्वों में टकराव विधि की सम्यक प्रक्रिया क्या है? संविधान की मूल संरचना संविधान संशोधन की पूरी प्रक्रिया राज्य के नीति निदेशक तत्व (DPSP) संसदीय व्यवस्था भारत की संघीय व्यवस्था सहकारी संघवाद

Right to constitutional remedies Conflict b/w Fundamental Rights and DPSP Procedure established by law Kesavananda Bharati Case  process of constitutional amendment AK Gopalan case 1950 Directive Principles of State Polic Parliamentary system of Government Federal System of India

Important links,
मूल संविधान भाग 3
Writ- https://en.wikipedia.org/wiki/Writ