The Supreme Court (under Article 32) and the high courts (underArticle 226) can issue the writs of habeas corpus, mandamus,prohibition, certiorari and quo-warranto. Further, the Parliament (underArticle 32) can empower any other court to issue these writs. Since nosuch provision has been made so far, only the Supreme Court and thehigh courts can issue the writs and not any other court. Article 226 empowers all the high courts toissue the writs.

Habeas Corpus

It is a Latin term which literally means ‘to have the body of’. It is anorder issued by the court to aperson who has detained anotherperson, to produce the body of the latter before it. The court thenexamines the cause and legality of detention. It would set the detainedperson free, if the detention is found to be illegal. Thus, this writ is abulwark of individual liberty against arbitrary detention.

The writ of habeas corpus can be issued against both publicauthorities as well as private individuals. The writ, on the other hand,is not issued where the (a) detention is lawful, (b) the proceeding is forcontempt of a legislature or a court, (c) detention is by a competentcourt, and (d) detention is outside the jurisdiction of the court.

Mandamus

It literally means ‘we command’. It is a command issued by the courtto a public official asking him to perform his official duties that he hasfailed or refused to perform. It can also be issued against any publicbody, a corporation, an inferior court, a tribunal or government for thesame purpose.

The writ of mandamus cannot be issued (a) against a privateindividual or body; (b) to enforce departmental instruction that doesnot possess statutory force; (c) when the duty is discretionary and notmandatory; (d) to enforce a contractual obligation; (e) against thepresident of India or the state governors; and (f) against the chiefjustice of a high court acting in judicial capacity.

Prohibition

Literally, it means ‘to forbid’. It is issued by a higher court to a lowercourt or tribunal to prevent the latter from exceeding its jurisdiction orusurping a jurisdiction that it does not possess. Thus, unlikemandamus that directs activity, the prohibition directs inactivity.The writ of prohibition can be issued only against judicial and quasijudicialauthorities. It is not available against administrative authorities,legislative bodies, and private individuals or bodies.

Certiorari

In the literal sense, it means ‘to be certified’ or ‘to be informed’. It isissued by a higher court to a lower court or tribunal either to transfer acase pending with the latter to itself or to squash the order of the latterin a case. It is issued on the grounds of excess of jurisdiction or lack ofjurisdiction or error of law. Thus, unlike prohibition, which is onlypreventive, certiorari is both preventive as well as curative.

Previously, the writ of certiorari could be issued only against judicialand quasi-judicial authorities and not against administrativeauthorities. However, in 1991, the Supreme Court ruled that thecertiorari can be issued even against administrative authoritiesaffecting rights of individuals.Like prohibition, certiorari is also not available against legislativebodies and private individuals or bodies.

Quo-Warranto

The writ can be issued only in case of a substantive public office ofa permanent character created by a statute or by the Constitution. Itcannot be issued in cases of ministerial office or private office.Unlike the other four writs, this can be sought by any interestedperson and not necessarily by the aggrieved person.

TYPES OF WRITS| GS ARTICLES

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