Writ

Constituional writs
WHAT IS WRIT?
A writ is a directive issued by the Supreme Court and High

Courts in India to carry out their directives for the enforcement of
the fundamental right and/or legal right of the affected person.
The Supreme Court can issue writs under Article 32 of
the Constitution while the High Courts can issue writs under Article
226 of the Constitution.
These writs have been borrowed in India from England where they
had a long history of development and consequently have gathered
a number of technicalities. Power to issue writs is primarily a
provision made to make available the Right to Constitutional
Remedies to every citizen .
TYPES OF WRITS :
The supreme court, and High courts have power to issue writs
in the nature of habeas corpus , quo warranto , mandamus ,
certiorari ,prohibition etc., under Arts. 32 and 226
respectively.
The right to constitutional remedies as we know is a

guarantor of all other fundamental rights available to the
people of India. In addition to the above , the constitution
also provides for the parliament to confer on the supreme
court power to issue writs , for the purpose of protection of
Fundamental rights .
Similarly High courts in India are also empowered to
issue writs for the enforcement of any of the rights conferred
by Part III and for any other purpose
1.Writ of Habeas Corpus
It literally means ‘to have the body of’. It is issued against both
private and public persons to produce the body of a person who
has been illegally detained by the public or private person. Thus
it is a bulwark against illegal detention.
By this writ the court directs the person or authority who has
detained another person to bring the body of the prisoner
before the court so as to enable the court to decide the validity ,
jurisdiction or justification for such detention.
The principal aim of the writ is to ensure swift judicial review

of alleged unlawful detention on liberty or freedom of the
prisoner or detention .
 Writ of habeas corpus can be invoked not only against the
state but also against any individual who is holding any
person in unlawful custody or detention .
Because of this writ, Under Art. 22 , a person arrested is

required to be produced before a magistrate within 24 hours
of his arrest , and failure to do so would entitle the arrested
person to be released .
Habeas corpus cannot be granted

where a person has been committed to custody under an
order from a competent court when prima facie the order does
not appear to be without jurisdiction or wholly illegal .
2.Writ of Mandamus
It literally means ‘we command’. The writ of mandamus is a
command issued by the court to a public official asking him
or her to perform his or her official duties that he or she has
failed or refused to perform.
The writ of mandamus can be issued against-
any public body, a corporation, an inferior court, a

tribunal or government for the same purpose.
Mandamus can be issued when the Government denies to

itself a jurisdiction which it undoubtedly has under the law ,
or where an authority vested with a power improperly
refuses to exercise it .
The function of mandamus is to keep the public authorities
within the limits of their jurisdiction while exercising public
functions .
Mandamus can be issued to any kind of authority in respect

of any type of function – administrative , legislative , quasi-
judicial , judicial Mandamus is used to enforce the
performance of public duties by public authorities .
The writ of mandamus cannot issued against –
a private individual or body.
Mandamus is not issued when Government is under no duty

under the law .
When an authority fails in its legal duty to implement an

order of a tribunal, mandamus can be issued directing the
authority to do so .
Mandamus is issued to enforce a mandatory duty which

may not necessarily be a statutory duty.
3.Writ of Quo-Warranto-
Quo-warranto literally means ‘by what authority or warrant’. In

this sense it is asking a asking to a public authority. It is issued
by the court to enquire into the legality of claim of a person to a
public office to prevent illegal occupation of the office by the
person.
The writ of quo-warranto can be issued only in case of a

substantive public office of a permanent character created by a
statute or by the Constitution. It cannot be issued in cases of
ministerial office or private office.
The writ of quo warranto is issued to
 control executive action in the matter of making
appointments to public offices under relevant statutory
provisions .
to protect a citizen from the holder of a public office to which

he has no right .
To calls upon the holder of a public office to show to the

court under what authority he is holding the office in question
. If he is not entitled to the office , the court may restrain him
from acting in the office and may also declare the office to be
vacant .
Necessary Ingredients To Be Satisfied for issuance of
Quo warranto
1) office in question must be public
2) created by the constitution or a law
3) and the person holding the office is not legally qualified
to hold the office in clear infringements of provisions of
the constitution or the law .
4) It is the person against whom writ of quo warranto is
directed , who is required to show by what authority the
person is entitled to hold the office .
5) While issuing such a writ , the High court merely makes
a public declaration of the illegality of the appointment
and will not consider other factors , which may be
relevant for issuance of a writ of certiorari.

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Constituional writs

A writ is a directive issued by the Supreme Court and High

The right to constitutional remedies as we know is a

The principal aim of the writ is to ensure swift judicial review

Because of this writ, Under Art. 22 , a person arrested is

Habeas corpus cannot be granted

The writ of mandamus can be issued against-

any public body, a corporation, an inferior court, a

Mandamus can be issued when the Government denies to

Mandamus can be issued to any kind of authority in respect

a private individual or body.

Mandamus is not issued when Government is under no duty

When an authority fails in its legal duty to implement an

Mandamus is issued to enforce a mandatory duty which

Quo-warranto literally means ‘by what authority or warrant’. In

The writ of quo-warranto can be issued only in case of a

to protect a citizen from the holder of a public office to which

To calls upon the holder of a public office to show to the

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