Writ - Types of Writ

WRIT TYPES OF
WRIT
BY
RESHAB CHHETRI
FIFTH SEMESTER
BBA-LLB.
Writ
General Meaning - a formal order in
Writing issued under seal, in the name
of a sovereign, government, Court or
other authority, commanding an officer
or other person to whom it is issued, to do
or refrain from doing some act specified
therein.
Constitutional Remedy
Under the Indian Constitution,

Supreme Court and High Court are
empowered to issue writs, for the
enforcement of fundamental rights.
Article 32 - Supreme Court
Article 226 High Court
Article 32 - Constitution of India
It grants an extensive original

jurisdiction to the Supreme Court in
regard to enforcement of Fundamental
Right.
Article 226 - Constitution of India
It can be exercised not only for the

enforcement of fundamental right but
for any other purpose.
Jurisdiction is wide and extends to
Fundamental rights and other
constitutional rights.
Types of Writ
Habeas corpus
Mandamus
Prohibition
Certiorari
Quo-warranto
Writ of Habeas corpus
Habeas Corpus means, you may have
the body."
A person, when arrested, can move the
Court for the issue of Habeas Corpus. It is
an order by a Court to the detaining
authority to produce the arrested person
before it so that it may examine whether
the person has been detained lawfully or
otherwise. If the Court is convinced that
the person is illegally detained, it can
issue orders for his release.
Who can apply?
General rule is that an application can
be made by a person who is illegally
detained. But in certain cases, an
application of habeas corpus can be made
by any person on behalf of the prisoner,
i.e., a friend or a relation.
CASE STUDY
Sunil Batra Vs. Delhi Administration
and Ors. etc
The Supreme Court enlarged the scope of
habeas corpus, making available the
fundamental rights of the prisoners
Writ of Mandamus
Mandamus is a Latin word, which
means "We Command".
Mandamus is an order from a superior
court to a lower court or tribunal or
public authority to perform an act, which
falls within its duty.
Simply, it is a writ issued to a public
official to do a thing which is a part of
his official duty, but, which, he has
failed to do, so far. This writ cannot be
claimed as a matter of right. It is the
discretionary power of a court to issue
such writs.
CASE STUDY
Barada Kanta VS. State of West
Bengal
In this case, writ of mandamus does not
lie against a private individual or any
private organisation because they are not
entrusted with a public duty.
Writ of Prohibition
Writ of prohibition means to forbid or to stop
and it is popularly known as 'Stay Order'.
This writ is issued when a lower court or a
body tries to transgress the limits or powers
vested in it.
It is a writ issued by a superior court to lower
court or a tribunal forbidding it to perform an
act outside its jurisdiction. After the issue of
this writ, proceedings in the lower court etc.
come to a stop.
Case Study
S. Govinda Menon VS. Union of India
The writ is issued in both cases where

there is excess of jurisdiction and where
there is absence of jurisdiction.
Writ of Certiorari
Literally, Certiorari means to be
certified.
The writ of certiorari is issued by the
Supreme Court to some inferior court or
tribunal to transfer the matter to it or to
some other superior authority for proper
consideration.
Case Study
Hari Vishnu VS. Ahmad Ishaque
The writ is issued for correcting an error

of law apparent on the face of records. It
cannot be issued to correct an error of
fact.
Case Study
Madan Gopal VS. Union of India
Apply both Prohibition and Certiorari -
Prohibition to prevent the court to proceed
further with the case and Certiorari for
quashing what had already been
decided.
Writ of Quo-Warranto
The word Quo-Warranto literally means
on what authority one is holding the
public office"
It is a writ issued with a view to
restraining a person from acting in a
public office to which he is not entitled.
For example, a person of 62 years has
been appointed to fill a public office
whereas the retirement age is 60 years.
Now, the appropriate High Court has a
right to issue a writ of quo-warranto
against the person and declare the office
vacant.
Example
For example, a person of 62 years has
been appointed to fill a public office
whereas the retirement age is 60 years.
Now, the appropriate High Court has a
right to issue a Writ of quo-warranto
against the person and declare the office
vacant.
Case Study
Baij VS. State of U.P.,
Where the holder of an office has been
continuing in office for a long time and
there is no complaint against him the
court refused the writ as it would have
been vexatious.
Thank you

Writ - Types of Writ

Uploaded by

Copyright:

Available Formats

Writ - Types of Writ

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Writ - Types of Writ

Uploaded by

Copyright:

Available Formats

WRIT TYPES OF

Under the Indian Constitution,

It grants an extensive original

It can be exercised not only for the

The writ is issued in both cases where

The writ is issued for correcting an error

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.