Seeking Legal Protection with Writs

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.

Types of Writs and their Legal Implications

The Constitution of India recognizes five forms of writ petitions, including the writ of:

Habeas Corpus This is filed to seek release of an individual from an unlawful detention; wherein the person is confined by the Police or even a private person without legal justification. The writ of habeas corpus requires the concerned authority to produce the confined individual before the court and explain the grounds for detention. If the justification is deemed inadequate, the court orders the detained to be released. A habeas corpus writ may be filed by the prisoner any other person on his/her behalf.

Mandamus This writ is issued by the Supreme Court or a High Court when a government, court, or public authority fails to do a public duty. The writ may also be filed to stop the mentioned parties from doing a particular act that may be detrimental to the general public. It must be noted that a writ of mandamus or command may not be issued against the Indian President or Governor.

Prohibition This is issued by a superior court to a subordinate court to prevent it from usurping a jurisdiction in which it is not legally vested. A writ of probation is typically issued before a case goes to trial or during the pendency of its proceeding, but before the final order has been made.

Certiorari This issued by a superior court to a subordinate one when a verdict has been established on the basis of wrong jurisdiction. The difference between the writs of prohibition and certiorari is that the former is issued at an earlier stage of the trial, while the latter is issued after a judgment has been passed.

Quo Warranto ‘Quo Warranto’ implies “What is your authority.” This writ is issued when a public office is held by someone who is not qualified for the same.  A writ issued by the court in this case seeks to investigate the grounds on which the person is holding the post. If the reasons are ascertained to be invalid, the individual may be restrained from taking decisions in the office. The court may also declare the office to be vacant.