Type of Writs – UPSC Notes – Indian Polity

A ‘ writ ‘ is a lawful directive issued by a court to seek constitutional redress in instances of infringement upon the Fundamental Rights of a nation’s citizens. In India, the Supreme Court (under Article 32) and the High Court (under Article 226) have the authority to issue writs for the protection of the fundamental rights of Indian citizens. The five types of writs enshrined in the Indian Constitution are Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition.

Types of Writs

There are five types of writs in the Indian Constitution that can be issued by the Supreme Court.

Let us look at the details of the respective five types of writs:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

Habeas Corpus

The Habeas Corpus is also known as the “Great Writ,” which protects the fundamental right guaranteed by the Indian constitution against wrongful and indefinite detention. It means “show me the body” when translated from Latin. To protect individual freedom from arbitrary executive power, habeas corpus has historically been a crucial tool.

As per Habeas Corpus, the court considers the reason for the detention as well as the legality of detention. If the detention is found to be illegal, the detainee will be released. As a result, this writ protects individual liberty from arbitrary detention. Both public authorities and private individuals can be served with a writ of habeas corpus.

However, the writ is not issued where:

• the detention is lawful,
• the proceeding is for contempt of a legislature or a court,
• the detention is by a competent court, and
• The detention is outside the court’s jurisdiction.

Mandamus

Mandamus is a court-issued directive to a public official, compelling the performance of official duties that have been neglected or refused. This writ can also be employed against public figures, corporations, lower courts, tribunals, or government entities with the same objective. Translating to ‘we command,’ mandamus is invoked when a public duty is not fulfilled.

A writ of mandamus cannot be issued when:

• Targeting a private individual or group,
• Enforcing departmental policies lacking statutory force,
• The duty is discretionary and not mandatory,
• Compelling the execution of a contractual obligation.

Additionally, it cannot be issued against the President of India, State Governors, and the Chief Justice of a High Court acting in a judicial capacity.

Example: In a situation where the respondent failed to comply with tribunal orders, the petitioner sought Supreme Court intervention for enforcement. The Supreme Court issued a Mandamus instructing the respondent to adhere to the tribunal’s directives.

Prohibition

The Writ of Prohibition entails the literal meaning of ‘to forbid.’ This writ is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping authority it lacks. In contrast to mandamus, which directs activity, prohibition mandates inactivity.

This type of writ is exclusively applicable to judicial and quasi-judicial authorities and cannot be employed against administrative authorities, legislative bodies, or private individuals or organizations.

Example: The Supreme Court intervened by instructing the lower courts and tribunals to halt proceedings due to a combination of excess and lack of jurisdiction.

Certiorari

The Writ of Certiorari literally means ‘to be certified‘ or ‘to be informed.’ Issued by a higher court to a lower court or tribunal, it serves the purpose of either transferring a case pending with the latter or overturning the latter’s order. This writ is typically invoked due to an excess of jurisdiction, a lack of jurisdiction, or a legal error.

Unlike prohibition, which is solely preventative, certiorari acts both as a preventive and curative measure. While previously limited to judicial and quasi-judicial authorities, a 1991 ruling by the Supreme Court extended its applicability to administrative authorities affecting individual rights.

Certiorari, like prohibition, is not applicable against legislative bodies or private individuals or entities.

Example: In a case before a District Court where the court lacks jurisdiction, the District Court Judge renders a decision. The aggrieved party petitions the High Court, which then issues a Writ of Certiorari, invalidating the District Court’s order.

Quo-Warranto

Quo-Warranto means ‘by what authority or warrant.’ It is a court-issued directive to investigate the legality of a person’s claim to a public office, preventing the illegal usurpation of such an office. This writ is exclusive to substantive public offices of permanent character established by statute or the Constitution.

Unlike the other four writs, Quo-Warranto can be sought by anyone interested, not limited to the aggrieved party. It cannot be issued for ministerial or private offices.

Example: If a 62-year-old is appointed to a public office despite the retirement age being 60, the competent High Court can issue a Writ of Quo Warranto, declaring the office vacant.

Significance of Writs

• Essential Defense of Fundamental Rights: Writs are pivotal in safeguarding fundamental rights, providing practical enforceability and rendering Part III meaningful.
• Checks on State’s Excesses: They serve as effective checks on potential excesses of the state, as defined in Article 12.
• Interpretation of Additional Rights: The judiciary employs writs to interpret additional rights, closely linked to fundamental rights; exemplified by cases like the Maneka Gandhi case (1978).
• Petitioning Rights Under Articles 32 and 226: To protect fundamental rights, Articles 32 and 226 of the Indian Constitution grant the right to petition the Supreme Court or the High Court for anyone whose Fundamental Right has been violated.
• Authority to Issue Writs: Simultaneously, these articles empower the highest courts to issue writs for the enforcement of Fundamental Rights.
• Emphasis on Social and Economic Justice: The hallmark of the Indian Constitution lies in “Social and Economic Justice,” safeguarding fundamental rights that remain inviolable under normal circumstances.
• Writ Remedies Enforced by Courts: To defend these rights, the Constitution establishes writ remedies enforced by the High Court and the Supreme Court.
• Award of Compensation as Essential Relief: An integral aspect of these remedies is the potential award of compensation, providing essential relief to the aggrieved individual.

Origin of Writs in India

• Adoption from English Common Law: The concept of prerogative writs in India was adopted from English common law.
• “Fountains of Justice” in England: In England, these writs are referred to as “fountains of justice” because they were issued as a manifestation of the King’s prerogative, acting as the ultimate source of justice.
• Evolution in England: Over time, the high court in England began using these writs as extraordinary remedies to safeguard the rights and liberties of the British people.
• Regulating Act of 1773: The origins of writs in India can be traced back to the Regulating Act of 1773, which led to the establishment of the Supreme Court in Calcutta.
• Expansion with Charter: As a successor to the Supreme Court, subsequent charters established other High Courts and conferred upon them the authority to issue writs.
• Writ Authority Limited by Jurisdiction: Initially, the writ authority of these courts was confined to their original civil jurisdiction, defined by Section 45 of the Specific Relief Act of 1877.

Difference between Prohibition and Certiorari

Aspect	Prohibition	Certiorari
Purpose	Issued to prevent a lower court from exceeding its jurisdiction.	Issued to transfer or overturn a decision made by a lower court, based on excess or deficiency of jurisdiction.
Timing of Issuance	Issued prior to the conclusion of proceedings.	Issued following the judgment of a lower court, tribunal, or entity with judicial or quasi-judicial responsibilities.
Nature of Prevention	Seeks to prevent, not cure.	Acts as a preventative measure, quashing a judgment already rendered by the lower court.
Applicability	Applicable to judicial or quasi-judicial entities.	Filed against a public authority acting solely in an executive or administrative role.
Objective	Aimed at halting an ongoing action or proceeding.	Aimed at correcting or reviewing a completed action or decision.

Difference of Writs Jurisdiction between Supreme Court and High Court

Aspect	Writ Jurisdiction of Supreme Court	Writ Jurisdiction of High Court	Remarks
Purpose of Issuance	Can issue writs solely for the enforcement of fundamental rights.	Can issue writs for any purpose, including the enforcement of fundamental rights.	The Supreme Court’s jurisdiction is narrower in this regard.
Territorial Jurisdiction	May issue writs against a person or government anywhere in India.	May issue writs against a person within its territorial jurisdiction or against a government/authority outside its jurisdiction if the cause of action arises within its territory.	Supreme Court’s territorial jurisdiction is broader.
Nature of Remedies	A remedy under Article 32 is a Fundamental Right, and the Supreme Court may not refuse to exercise its writ jurisdiction.	A remedy under Article 226 is discretionary, and a high court may refuse to exercise its writ jurisdiction.	The Supreme Court is constitutionally mandated as a defender and guarantor of fundamental rights.

Important Judgements about Writs in India

1. Sunil Batra v. Delhi Administration:
   • In this case, the Supreme Court approved an appeal submitted by a co-convict (a stranger) through a letter due to inhumane treatment of inmates.
   • Recognizing the letter as an application, the Court issued a warrant of Habeas Corpus.
2. Vijaya Mehta v. State of Rajasthan:
   • A petition was filed in the High Court, urging the State to appoint a commission to investigate climate change and flooding in the state.
   • The Court ruled that the State Government would only be obligated to appoint a commission if a resolution was enacted by the Legislature. As it was a discretionary obligation, the Writ of Mandamus was not issued.
3. Jamalpur Arya Samaj Sabha v. Dr. D Rama:
   • In this case, the petitioner sought a Writ of Quo Warranto against the Working Committee of the Bihar Raj Arya Samaj Pratinidhi Sabha, a private entity.
   • The court refused to grant the Writ, emphasizing that the position in question was not a public one.

These writs serve as a potent means to uphold individuals’ rights and compel authorities to fulfill their legal obligations. While habeas corpus and Quo warranto are applicable in specific scenarios, Certiorari and Mandamus emerge as the predominant writs sought to regulate the actions of administrative bodies.

Frequently Asked Questions (FAQs) about Writs in India:

1. What is a writ in the context of Indian law?
   • A writ is a lawful directive issued by a court to seek constitutional redress in instances of infringement upon the Fundamental Rights of a nation’s citizens.
2. Which courts in India have the authority to issue writs for the protection of fundamental rights?
   • In India, the Supreme Court, under Article 32, and the High Courts, under Article 226, have the authority to issue writs for the protection of fundamental rights of Indian citizens.
3. How many types of writs are enshrined in the Indian Constitution?
   • There are five types of writs enshrined in the Indian Constitution: Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition.
4. Which writ is known as the “Great Writ” and why?
   • Habeas Corpus is known as the “Great Writ” as it protects the fundamental right against wrongful and indefinite detention, emphasizing the principle of “show me the body.”
5. Under what circumstances is a writ of Habeas Corpus not issued?
   • A writ of Habeas Corpus is not issued when the detention is lawful, the proceeding is for contempt of a legislature or court, the detention is by a competent court, or the detention is outside the court’s jurisdiction.
6. What is the purpose of a writ of Mandamus?
   • Mandamus is a court-issued directive to a public official, compelling the performance of official duties that have been neglected or refused.
7. Against whom can a writ of Prohibition be employed?
   • The Writ of Prohibition can be employed against lower courts or tribunals to prevent them from exceeding their jurisdiction or usurping authority.
8. How does Certiorari differ from Prohibition?
   • Certiorari is issued to transfer or overturn a decision made by a lower court, while Prohibition is issued to prevent a lower court from exceeding its jurisdiction.
9. What does Quo Warranto mean, and when is it issued?
   • Quo Warranto means ‘by what authority or warrant.’ It is a court-issued directive to investigate the legality of a person’s claim to a public office.
10. What is the significance of writs in the Indian legal system?
    • Writs are pivotal in safeguarding fundamental rights, providing practical enforceability, acting as a check on potential state excesses, and emphasizing social and economic justice.

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