Writs a word no one can be unfamiliar with, especially a law student. This word holds a lot of importance and power. Legal professionals in the field of civil law, criminal law, or any other legal field must come across these writs and cases related to them at least once in their whole career. It is necessary for law aspirants to know what they are, how many types of writs are there in the Indian constitution and when they are used, all these are a little difficult to grasp at once that’s why many online legal courses make sure to teach or mention writs in lectures once in a while. So, What are writs? A writ is a legal order to do or not do something issued by the court of law or in simple terms, the writ means an order, given by the authority.
In the Indian, Constitution writs mean, “ Writs are the written order from the Supreme court or High Courts that commands constitutional remedies for the Indian constitution against any kind of violation of their fundamental rights.” This order can be given to any individual, organization or state, that has violated the fundamental rights of a citizen. The power to issue Writs is considered the most important tool which is given to the Courts by the Indian constitution. This makes them, very essential part of the Indian judiciary system.
Writs in Indian constitution:
Article 32 (i.e, according to Article 32, an individual can move to the supreme court of India when their fundamental rights are being violated or destitute and the Supreme court has the power to issue directions and orders or writs for the enforcement of the Fundamental Rights) and Article 226( This article confers power to High Court to issue writs to any person or authority within their jurisdiction for the enforcement of the fundamental rights or any legal rights) of the Indian constitution, gives power to the Supreme Court and High Court of India to issue writs. Article 32 is a fundamental right ( Right to Constitutional Remedies) which makes it unrefutable and absolute.
About Writs Petition:
A writ petition can be filed by any individual, whose Fundamental rights have been violated or are being deprived of their rights by the state or an individual. This petition can be filed either in High Court or Supreme Court. There is a complete procedure for filing this petition with required documents and requires a legal professional for the process of petition filling. Thus every legal writ petition requires a legal professional with complete knowledge and experience in this aspect, that’s why many law aspirants opt for online legal certification courses to learn about this process from top legal industry experts.
Types of Writs In Indian Constitution:
The constitution of India provides five types of writs which can be issued by the court, they are as follows;
Habeas Corpus
Mandamus
Prohibition
Certiorar
Quo-Warranto
Habeas Corpus:
Writ Habeas Corpus is the translation of Latin words “To find the Body of” or “You(shall) have the body”. This kind of writ is issued by the court, to order an individual, an authority or a police department to produce a body or present physically the person who is illegally detained in front of the court. The writ Habeas Corpus is used in the enforcement of the fundamental right of liberty of an individual against detention. The petition of this type of writ can be filed in the Supreme court or High court by the public, relatives or friends of the person who is alleged, to be in illegal detention. But this writ is not applicable if the detention is lawful, and is for contempt of Court.
Mandamus:
Indian Constitution provides another writ jurisdiction “Mandamus” which in Latin means “We Command”. This writ is issued by the court to an authority to perform the public duty which they are bound to perform but refused or failed to do so. This writ can be issued to a public individual, public authority, public body, lower courts or government tribunals. This writ can only be passed when a public authority denies performing its duty when asked by the petitioner. But this writ can not be issued when the duty was optional, not mandatory or against the Chief Justice of India, or any private individual or organization.
Certiorari:
The meaning of the writ Certiorari is “to be certified” or “to be informed”. This writ is issued by the Higher court to the lower court against the order passed by them in cases, and also to direct them to pass the pending case to the higher court. This writ is passed rarely and issued only when the Higher court feels that the tribunal court or lower court has passed a judgement or taken a case which is beyond their power or jurisdiction. Before this writ is issued only to judicial courts and quasi-judicial courts. After 1991, this writ can be issued to both the judicial and administrative systems. This writ can be issued only after the judgement is passed.
Prohibition:
As the word suggests itself, the meaning of the writ of Prohibition is “to forbid”. The Higher court(such as the Supreme court and High Court) issues the writ of prohibition to the lower courts or quasi or tribunal judicial bodies when this court tries to cross their power or jurisdiction limit. The prohibition writ cannot be issued against any public or private individual, authorities or bodies.
Quo-Warranto:
The term of writ Quo-Warranto means “by what warrant. This writ issued is issued, to an individual holding a public office or issued by the court to the public official asking them by which authority did they hold the public offices. This writ also reviews the action of administrative authorities who make appointments to the public offices. This writ is applicable to only public offices and not to a private individual or organization.
Conclusion:
These are the 5 writs i.e, Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto of the Indian Constitution. The most widely issued writ is Mandamus, the other rest. These writs are said to be taken from British law in old times. For every citizen of India, it is necessary to know all these writs and situations and the requirements for filing them. Also, every law aspirant must be versed in these writs, as it will help them in their career. Many online legal learning platforms provide information about the writs of the Indian constitution through online law certification courses in India. The violation of Fundamental rights is a crime and these writs are protection given by the framers of the Indian Constitution to their country’s citizen's most basic rights.
