Types of Writs in Indian Constitution

Today, in this article we talk about the Writs which are given under the Constitution among to the citizen to protect their fundamental rights. Also, we have study about the types of writs in this article their importance, conditions, case and reasonable illustration to understand it with simply words.

Introduction

writs-and-its-type

A writ request can be named as a formal composed request gave by a legal position who has the power to do as such. The significance of the word 'Writs' signifies order recorded as a hard copy for the sake of the Court. It is an authoritative record given by the court that arranges an individual or element to play out a particular demonstration or to stop playing out a particular activity or deed. In India, writs are given by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India.

Article 32 in the Indian Constitution manages to protected and cures that an Indian resident can look for  the Supreme Court and High Court against the infringement of his/her crucial rights. A similar  article gives the Supreme Court ability to give writs for the authorization of rights though the High Court has a similar force under Article 226.

What is Writ?

A writ is a formal composed request gave by anyone, executive or judicial, approved to do as such. In current occasions, this body is by and large judicial. In this manner, a writ can be perceived as a formal composed request gave by a Court having power to issue such a request. Orders, warrants, bearings, summons and so forth are all basically writs. A writ appeal is an application recorded under the watchful eye of the capable Court mentioning it's anything but a particular writ.

Example: - Anand is an Indian resident whose Fundamental Right has been abused. In this way, Anand has the Option to either move toward the Supreme Court or the High Court for upholding his right. Yet, Anand's right doesn't violate the Fundamental Right then, at that point, he has the one option to move to the High Court under article 226.

Anand resident has the option to move toward any of the court i.e., either the Supreme Court or the High Court for issue of writs yet in the event that he decides to move toward any of the Court and his suit is excused by the court, the resident can't file a similar suit in the other Court on the grounds that in India, the standard of res judicata is being followed which implies that a subsequent case can't be petitioned for a similar reason for activity. However, on the off chance that an individual records the case in the High Court and the High Court doesn't choose in support of himself, he has the privilege to offer against the choice in the Supreme Court.

Types of Writs in India

The Supreme Court of India is the safeguard of the basic privileges of the residents and it has unique and wide powers for issuing the writs. It issues five sorts of writs for authorizing the major privileges of the residents. There are  five kinds of writs namely- 

  1. Habeas Corpus
  2. Mandamus
  3. Prohibition
  4. Certiorari
  5. Quo-Warranto

Let understand the types of writs one by one:-

HABEAS CORPUS 

Habeas Corpus means ‘to have the body’ and it taken from the Latin word. It is most important and most use of effective remedies accessible to an individual kept. It is used for to enforce the principal right of individual freedom against unlawful confinement and it is issued by the Courts.

By this Writ, the Court orders the individual or authority who has kept or controlled someone else to present such individual under the watchful eye of the Court and if the Court  presumes that the confinement was unlawful, it guides the individual to be delivered right away (means released immediately).

Suppose, a person is arrested by a police officer then that person has the right to go to the high court for illegal detention by the police officer and the High court asks the ground for arresting that person to the police if he does not prove the High Court why he arrested that person then he immediately will be free to go.

This writ can be filed to both the Courts i.e., High Court and Supreme Court by the person who is detained and by their family members, relatives and their friends.

This writ is playing an important role for the personal liberty of the citizen because it protects their fundamental rights and if the writs is not provided for the citizen by the constitution a person can detain unlawfully and it is clearly violating the personal liberty and fundamental right of that citizen.

Conditions of unlawful detainment are:

  •  The confinement was not done as per the strategy set down.
  • The individual was captured when he didn't abuse any law.
  • A capture was made under a law that is unlawful.

In Sunil Batra Vs. Delhi Administration 1980 AIR ,1579

An unknown person give letter to the Supreme Court for illegal treatment of prisoners and Supreme Court had accepted the letter of an application by a Co-Convict.

Kanu Sanyal Vs. District Magistrate Darjeeling & organisation AIR,1974 

Through this case Supreme Court tells that whenever the Habeas Corpus is applied to the case it dealt by its nature and scope of the writ because it is a Procedural writ not a Substantive writ. Also stated towards the assessment of the legitimateness of the detainment by taking a gander at current realities and conditions of the case.

MANDAMUS

Mandamus is taken from the Latin word which means ‘We Command’. It is given by the Court to guide a public power to play out the legitimate obligations which it has not or would not perform. It  may be given by the Court against a public authority, public company, council, sub-par court or the public authority. It can't be given against a private individual or body, the President or Governors of States or against a functioning Chief Justices.

Let us understand by the illustration:-

Suppose, A will be a local official who has an obligation towards  B which he needs to satisfy as indicated by the law however he doesn't satisfy the obligation. B is abused by this non-execution and accordingly moves toward the High Court for requesting the satisfaction of the obligation by A. Here the High Court on being fulfilled that the situation of B is real and there is an obligation which ought to be satisfied, will give the Writ of Mandamus and A will undoubtedly satisfy the obligation he has stayed away from as of recently. In any case, if A was a money manager who had some obligation towards B however he neglects to perform it. In such a case A can't move toward the Court for Mandamus since this Writ can't be given against a private individual

Condition about Mandamus

  • Not at all like Habeas Corpus, Mandamus can't be given against a private person.
  • Mandamus cannot be given in the accompanying cases.
  • To uphold departmental guidance that doesn't have legal power.
  • To arrange somebody to work when the sort of work is optional and not obligatory.
  • To uphold an authoritative commitment.
  • Mandamus can't be given against the Indian President or State Governors.
  • Against the Chief Justice of a High Court acting in a legal limit.

In All India Tea Trading Cooperation VS. S.D.O AIR,1962  

The Land Acquisition Officer incorrectly would not pay the interest on remuneration sum. A writ of mandamus was given against the Land Acquisition Officer guiding him to revaluate the application for the instalment of interest.

In Bhopal Sugar Industries Limited VS. Income Tax Officer AIR 1961

The Income Tax Appellate Tribunal had given clear bearings to the respondent Income Tax Officer by its last request. The Income Tax Officer had still would not do the headings given by the Tribunal. It was held by the Supreme Court that the Income Tax official had a compulsory obligation to satisfy the bearings given by the Tribunal and non-execution of which added up to grave treachery. Consequently, the Writ of Mandamus was given to guide the official to do the bearings of the Tribunal.

CERTIORARI

The exacting significance of the writ of 'Certiorari' is 'To be affirmed' or 'To be educated.' This writ is given by a court higher in power to a lower court or council requesting them either to move a case forthcoming with them to itself or suppress their request for a situation. It is given on the grounds of an overabundance of ward or absence of purview or blunder of law. It's difficult forestalls yet additionally solutions for the slip-ups in the legal executive.

On the off chance that the prevalent court discovers that there has been an infringement of regular equity or an essential mistake on the method received, it can subdue the request for that sub-par court.

Let us understand it with an illustration:- 

Suppose, A case Is held in District court which is beyond his  power to decide the decision of that case but still the judge of that District Court held the decision and that aggrieved party filled an application to the High Court and High Court will apply the Writ of  Certiorari on the request for the District Court, thus, the request for the District Court will be subdued.

Conditions for Certiorari

  • The body or individual has lawful position.
  • Such authority is identified with deciding those inquiries which influence the privileges of individuals.
  • Such a body or individual has an obligation to act judicially in doing its capacities.
  • Such an individual or body has acted in abundance of their ward or lawful power.

At the point when this load of conditions is satisfied, really at that time a Writ of Certiorari can be given against the body or individual who has acted in abundance of their locale.

  • Pre-1991: The writ of Certiorari used to be given uniquely against legal and semi legal specialists and not against regulatory specialists
  • Post-1991: The Supreme Court decided that the certiorari can be given even against authoritative specialists influencing the privileges of people
  • It can't be given against authoritative bodies and private people or bodies.

PROHIBITION

The strict significance of 'Prohibition' is 'To forbid.' A court that is higher in position gives a Prohibition writ against a court that is lower in position to keep the last from surpassing its ward or usurping a locale that it doesn't have. It coordinates inertia.

It is given when the lower court or council acts without or in abundance of purview or infringing upon rules of regular equity or in repudiation of basic rights. It can likewise be given when a lower court or council acts under a law that is itself ultra vires.

Let us understand with an illustration:-

Suppose, if a District Court is hearing an allure against the judgment of the High Court, such a demonstration will undoubtedly be denied in light of the fact that the District Court doesn't have the ability to hear such an allure. Thus, a Writ of Prohibition will be given against such a demonstration of District Court.

Conditions for Writ of Prohibition

  • The mediocre court or council has violated its purview
  • The court or council is acting against the arrangements of law
  • In situations where the court is halfway acting inside its purview and part of the way outside it, the Writ will be given against the demonstration which is mostly outside its ward.
  • The way that the candidate has a privilege to bid against the request for the mediocre court won't be a bar to give this Writ.
  • This Writ can be given just when the procedures are forthcoming in the mediocre court and not when a request has been passed by that court. Subsequently, this Writ is a pre-emptive cure which is practiced by the better court than keep the sub-par court from acting external its ward.
  • The Writ of Prohibition can be given distinctly against a legal or a semi legal body and it can't be given against any regulatory body.

A writ appeal can be recorded by any individual whose Fundamental Rights have been encroached by the State. Under a Public Interest Litigation, any open lively individual may record a writ appeal in light of a legitimate concern for the overall population regardless of whether his own Fundamental Right has not been encroached.

QUO-WARRANTO

The exacting importance of the writ of 'Quo-Warranto' is 'By what authority or warrant.' Supreme Court or High Court issue this writ to forestall illicit usurpation of a public office by an individual. Through this writ, the court enquires into the lawfulness of a case of an individual to a public office.

Let us understand with an illustration:-

Suppose, A who is a private resident and has no capabilities for the post of sub-reviewer expects such office. Here a Writ of Quo Warranto can be given against A to raise doubt about his clout on which he has assumed the responsibility for the workplace of sub- investigator.

The ability to give this Writ is optional on the courts and subsequently no one can request that the court will undoubtedly give this writ.

Conditions for Quo-Warranto

  • The public office is unjustly expected by the private individual.
  • The workplace was made by the constitution or law and the individual holding the workplace isn't able to hold the workplace under the constitution or law.
  • The term of the public office should be of a lasting sort.
  • The idea of obligations emerging from the workplace should be public.
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CONCLUSION

The Constitution of India has given the ability to give Writs to the Supreme Court under Article 32 and to High Courts under Article 226. These Writs are an order which is given by the Courts for the exhibition of a demonstration to the public position which has an obligation to perform it.

There are five sorts of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and this load of writs are a compelling technique for implementing the privileges of individuals and to urge the specialists to satisfy the obligations which will undoubtedly perform under the law.Of these Writs, the extent of Mandamus is the amplest. While different Writs are given in specific conditions just, like when an individual is unlawfully kept (Habeas Corpus) or when there is exceeding of ward by a court (Certiorari), Mandamus can be given in those situations where there is on the presentation of obligation the position.

In this way, this load of Writs have assumed a vital part in upholding the privileges of individuals and have additionally worked on the extent of the force legal survey of courts.

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