Writs

Habeas corpus is a Latin term which means ‘have the body’. The concept of writ of habeas corpus has originated from England. This is a writ or legal action which can be used by a person to seek relief from illegal detention. The writ of habeas corpus saves a person from harm caused by an unfair action of the legal system.

The term “mandamus” literally means “command.” Writ of mandamus is issued to a person or lower level Court or a body by a superior Court. The writ of mandamus is either issued to oblige a person or the Court or a body for the execution of public duty or imposed on them to restrain them from executing a particular act. The writ of mandamus is an effective writ that checks the functioning of the government.

The meaning of the term Quo Warranto is ‘by what authority’. The writ of quo warranto may be issued against a person holding a public office or governmental privilege. The issue of summon is followed by legal proceedings, during which an individual's right to hold an office or governmental privilege is challenged.

Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary laws. Articles 32 and 226 of the Constitution of India empower individuals, whose rights have been violated, to seek legal cover through writs. Article 32 is intended to dispute the violation of a fundamental right only in the Supreme Court. Article 226 supports enforcement of any right, including a fundamental right, at a High Court.