Types Of Writs in Indian Constitution & Its Conditions to Issue (UPSC Polity Notes)

A Writ is a formal written order issued by the executive or judicial body that directs the individual or authority to do or refrain from doing a particular act. In total, 5 writs issued in India are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. When individuals fundamental rights are violated, they have the right to file a petition with the Supreme Court or a high court to initiate the necessary legal action to enforce their basic rights. The Supreme Court of India and the High Courts in India are each granted the authority to issue writs to uphold the Fundamental rights under Articles 32 and 226 of the Indian Constitution, respectively.

Types Of Writs In India is one of the most important topics for the UPSC IAS exam. It covers a significant part of the Polity subject in the Mains General Studies Paper-II syllabus and General Studies Paper-1 of the UPSC Prelims Syllabus.

Study this article on types of writs in India to know more about the five types of writs, their scope and the writ jurisdiction of the Supreme Court and High Court. 

Writs are written orders issued by the Supreme Court or a High Court directing Indian citizens to pursue constitutional remedies when their fundamental rights have been violated. By Article 32 of the Indian Constitution, a citizen of India may petition the Supreme Court of India and the High Court for constitutional remedies if their fundamental rights have been violated. The Supreme Court has the authority to issue writs to enforce rights under the same article, whereas the High Court has the same authority under Article 226.

Writs in the Constitution are judicial orders. They act to protect citizens' rights. There are 5 writs in the Indian Constitution. These are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. All writs play a special part in law. They offer justice to all. Writs may be submitted in High Courts or the Supreme Court. Writs achieve quick relief in urgent cases. The writs are indispensable for upholding individual freedoms. They are an integral part of the law.

Eligibility to File Writs Petition

Any Indian citizen can initiate a writ petition when their fundamental rights are violated. This legal document is issued by a court to instruct a person to either carry out a specific action or refrain from a particular activity. To file a Writ Petition in India, the aggrieved party must approach a court with writ jurisdiction and present their case. This right is available to all citizens. While there is no strict time limit for filing Writs in India, there should be a compelling justification for any delay.

Writs under Constitution of India 

The writs under the Constitution of India are indispensable legal remedies for safeguarding fundamental rights. The Indian Constitution has five writs: Habeas Corpus, which safeguards personal liberty; Mandamus, instructing authorities to carry out their functions; Prohibition, prohibiting actions outside jurisdiction; Certiorari, quashing illegal orders; and Quo Warranto, opposing illegal authority. These writs in India are provided under Articles 32 and 226, which grant citizens the power to file writ petitions for justice. These writs are of major importance in administrative law in India.

The Supreme Court and the High Court in India may issue five different types of writs in accordance with Articles 32 and 226 of the Indian Constitution. The Indian Supreme Court is the guardian of the fundamental rights of citizens. It exhibits unique and extensive powers for that. The five types of writs in Indian constitution are listed below.

• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo-Warranto

• The term Habeas Corpus in Latin means ‘to have the body of’.
• By issuing this writ, the Court orders the concerned person or authority who has detained another person to produce the body of the detained person or prisoner before the court.
• This writ aims to review the alleged unlawful detention of a person or an authority.
• When the detained person is produced in front of the court, the latter examines the causes and legality of his detention. If the court concludes that the detention was unlawful or illegal, the detained person is set free immediately.

When can the Writ of Habeas Corpus not be used?

The court can issue a Habeas Corpus writ against individuals and public authorities. However, this writ cannot be issued in the following cases,

• When the detention is lawful
• When the competent court issues the detention
• When the detention is outside the jurisdiction of a particular High Court
• When the detention is for Contempt of Court or Legislation by the person

This petition can be filed in the High court or Supreme Court by the general public, relatives or friends on behalf of an illegally detained person.

Also, read National Investigation Agency for UPSC here.

• The term Mandamus in Latin means ‘We Command’.
• The court issues the Writ of Mandamus to a public authority directing them to perform the public duties they are bound to do but refused or failed to perform.
• This writ can be issued against any public authority, public body, lower courts, tribunals or the government.

Conditions for Writ of Mandamus

Writ of Mandamus cannot be issued under the following conditions:

• When public duty is discretionary and not mandatory
• To perform the non-statutory function.
• Against the President of India or Governor of any State
• Where such discretion violates the law of the land.
• Against any private individual or private organisation
• Against the acting Chief Justice of India

A writ petition seeking Mandamus can be filed only when the Public authority refuses to perform their public duty on being demanded by the petitioner.

Check out NCERT Notes for UPSC here.

Against whom the Writ of Prohibition cannot be exercised?

The Prohibition writ cannot be issued against any public or private individual, Administrative authorities or Legislative bodies.

• The term prohibition means ‘to forbid’.
  • The writ of prohibition is issued by the higher courts, such as Supreme Courts and High Courts, to the lower courts, quasi-judicial bodies, or tribunals, which try to transgress the power or limit conferred to it.
  • This writ prevents the lower courts or tribunals from exceeding their jurisdiction or usurping the jurisdiction not legally vested in them.

• Certiorari means ‘to be certified’ or ‘to be informed’.
• The writ of certiorari is issued by the higher court to the lower court directing them to either transfer the pending case to the higher court or to squash the order passed by them in a case.
• This writ is issued when the higher court feels that, the lower court or tribunal has passed the judgement or order beyond its power or when there is an error.
• Originally this writ could be issued only to judicial and quasi-judicial bodies. However, in 1991, the Supreme Court ruled that this writ could be issued even against the administrative authorities.

Grounds for issuing the Writ of Certiorari

• If the court issues an order without jurisdiction.
• If the court exercises excess jurisdiction.
• If an order is a violation of Natural Justice or is unconstitutional.

Against whom the Writ of Certiorari cannot lie?

The Writ of Certiorari will not lie against the following:

• Individual
• Company
• Private authority
• Association

Read the NCERT Notes on the Indian Council Act of 1861 here.

• The term Quo-warranto means ‘by what warrant’.
• The court issues the writ of quo-warranto to the public officials asking them to show by what authority they hold the public office.
• This writ reviews the actions of the administrative authority that make appointments to public offices.

Conditions to the issue of the Writ of Quo Warranto

• When the public office is assumed wrongfully by an individual
• When the office was created by the constitution or law and the person holding the office is not qualified to hold the office under the constitution or law.

Against whom the Writ of Quo warranto cannot lie?

The Writ of Quo warranto cannot lie against the Private and Ministerial offices.

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The writ jurisdiction of the Supreme Court varies from the High Court in the following ways,

Types Of Writs In India (UPSC Indian Polity): Download PDF Here!

These are the five types of writs issued in India by the Supreme and High courts. The writs of mandamus and certiorari control the actions of administrative authorities, whereas the writs of Prohibition and certiorari control the actions of judicial or quasi-judicial bodies.

Also, check the Right To Equality Article 14 to 18 of the Indian Constitution here.

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