5 types of Writs Whenever there is a violation of fundamental rights , a citizen has rights under the Indian Constitution for approaching the courts for seeking redressal in the forms of Orders when there is a violation of Fundamental Rights .The 5 types of writs- are given as under-
- Habeas Corpus,
- Mandamus,
- Certiorari,
- Quo Warranto, and
- Prohibition
5 types of Writs Whenever there is a violation of fundamental rights , a citizen has rights under the Indian Constitution for approaching the courts for seeking redressal in the forms of Orders when there is a violation of Fundamental Rights .The 5 types of writs- are given as under-
- Habeas Corpus,
- Mandamus,
- Certiorari,
- Quo Warranto, and
- Prohibition
Understanding Writs
1. Habeas Corpus
The meaning of the word in ‘Habeas Corpus’ is ‘To have the body of.’ When there is a violation of personal liberty that is when there has been illegal or unlawful detention of an individual in that case a citizen may approach the Hon'ble Supreme Court or the High Court . The Hon'ble Supreme Court or the High Court may order for the presence of the said individual before the Court . Writ of Habeas Corpus is filed for issuance against both private and public authorities.
2. Mandamus
The meaning of this writ is ‘We command.’ This writ is issued when a Public official fails to do his his duty or refuses to do his duty and by an order of mandamus is ordered to resume his work Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose and cannot be issued against a private individual.
3. Prohibition
The meaning of ‘Prohibition’ is ‘To forbid.’ Cases and condition when such a writ is issued is when a higher court issues a Prohibition writ against a court that is lower in rank or position to prevent the latter from exceeding jurisdiction and is issued against judicial and quasi-judicial authorities.
4.Certiorari
Writ of ‘Certiorari’ otherwise known as ‘To be certified’ or ‘To be informed.’ This writ is issued by a higher court to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case when there is exceeding of jurisdiction or lack of jurisdiction or error of laws for curing the mistakes in the judiciary.
5.Quo-Warranto
Writ of ‘Quo-Warranto’ or ‘By what authority or warrant.’ is issued to prevent illegal usurpation of a public office by a person and by this order the court enquires into the legality of a claim of a person to a public office .
Conclusion
Writs Issued Under Article 32 in the Supreme Court of India and Under Article 226 of the Constitution of India.
