Question
Download Solution PDFHow many types of writs are there?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- There are 5 types of writs in the Indian Constitution.
- The writs are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.
- These writs are a part of the Right to Constitutional Remedies and are meant to provide quick relief against the violation of fundamental rights.
- Habeas Corpus is used to release a person who has been unlawfully detained.
- Mandamus is issued to command a public official to perform a public duty.
- Prohibition is issued by a higher court to a lower court to prevent it from exceeding its jurisdiction.
- Certiorari is issued to quash the order of a lower court or tribunal.
- Quo-Warranto is issued to inquire into the legality of a claim of a person to a public office.
Additional Information
- The writs are a crucial aspect of the Indian judiciary's power to enforce the fundamental rights of citizens.
- These writs can be issued by both the Supreme Court and High Courts of India under Articles 32 and 226 of the Constitution, respectively.
- The power to issue writs is a part of the original jurisdiction of the Supreme Court and the High Courts.
- Article 32 of the Indian Constitution is often referred to as the "heart and soul" of the Constitution by Dr. B.R. Ambedkar because it provides the right to constitutional remedies.
- The issuance of writs ensures that the rule of law is maintained and acts as a check on the arbitrary exercise of power by the state.
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