TNPSC Constitution of India: Forms of Writs
CONSTITUTION OF INDIA: FORMS OF WRITS
- The Writ Jurisdiction of Supreme Court can be Invoked Under Article 32 of the Constitution for the Violation of Fundamental Rights Guaranteed under Part – III of the Constitution.
- A Public Interest Litigation (PIL) can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.
- Article 32 is referred to as the "Constitutional Remedy" for Enforcement of Fundamental Rights.
There are Mainly Five types of Writs:.
- The Writ of Habeaus Corpus
- The Writ of Mandamus
- The Writ of Quo-Warranto
- The Writ of Prohibition
- The Writ of Certiorari
THE WRIT OF HABEAS CORPUS
- It is the most valuable writ for personal liberty. Habeas Corpus means, "Let us 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.
THE 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.
- It is issued to secure the performance of public duties and to enforce private rights withheld by the public authorities. 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.
THE WRIT OF QUO WARRANTO
- The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled.
- The Writ of quo-warranto is used to prevent Illegal Assumption of any public office or usurpation of any public office by anybody. 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.
THE 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.
- Thus, not available against a public officer not vested with judicial or quasi-judicial powers. The Supreme Court can issue this Writ only where a fundamental right is affected.
THE 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.
- The Writ of Certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court.
- This is generally done because Superior Court believes that either the inferior court had no jurisdiction or committed an error of law. Thus, Certiorari is a kind of Curative Writ.