Analysis of Writs – By Kushagra Pandya

Writs

Everything published by an authority is a written form. Types of writs are the orders, summons, directives etc. released under jurisdiction. Five key types of writs exist viz. Habeas corpus, mandamus, ban, quo warranto, certiorari. They each have various definitions and various consequences. In India, Writ Authority has been given by both Supreme Court and High Court under article 32and 226 of Constitution of India. Furthermore, by statute, Parliament may expand the authority to grant writs to every other tribunals (with the exception of local tribunals) for either the national boundaries of such tribunals.

Types of Writs
Habeas Corpus

Habeas Corpus implies  to have the body of. The court will require any person who was imprisoned or incarcerated to be brought before the court physically through this document. The jury then investigates the justification for his imprisonment and can set him free if there is no legal justification for his detention. Writ of such kind can be issued:
Where the individual is arrested and does not appear until the judge in 24 hours.
When that person is caught with little or no violation of the law.
Where a individual is detained under unconstitutional law.
Where detention is performed to damage the victim or is malafide.
Therefore, Habeas corpus writing is called anti-arbitrary detention individual liberty vanguard. A basic rule for lodging the petition is that a violated party must file a lawsuit. But Habeas corpus is the only exception, so anyone may lodge a complaint on support of the detained person. Often applicable to preventive detention is Habeas corpus. This writ may be published both against public and private entities.

Mandamus

Mandamus implies “we order” This writing is a court-issued order to a government official, public body, corporation, lower court, tribunal or government that requires them to manage their own affairs that they have wanted to perform. Because of this, Mandamus is named a “wakening signal” and it awakens the dormant authorities to carry out their task. Then Mandamus requests a behavior and lays the authority into motion. Could not grant Mandamus can be granted for:
An Individual.
Questionable or mandatory duty.
against president or governors of state.
against a working chief justice.
When a contract which is private in nature is to be enforced.
Every person requesting a legal responsibility to be undertaken by a individual or entity may file an appeal for writing of mandamus. This filing entity should have a legitimate or personal interest in the subject and to have the legitimate right to do so.

Prohibition

The prohibition writing means which the Supreme Court and High Courts that forbid federal courts such as special tribunals, magistrates, commissions, and other judicial agents who do anything that goes outside their authority or acts contrary to both the rule of law.

Certiorari

Certiorari means certifying. It is a writ that permits a proceeding to be promoted to higher court from a trial court. It is granted by a superior court to either move a case remaining with those to it or squash its order to a lower court or arbitration. This is generally granted when the superior court is of the view that either the lower court did not have jurisdiction or made an error in law. Certiorari is thus a sort of therapeutic writing.

Quo warranto

Quo warranto means “warrant which with”. This writ is granted to test the qualification of an individual’s or public office’s allegation. It strangles the entity or official from acting in an position to something that he / she is not obligated; and therefore resists others from committing public office. This script applies mostly to public offices and not to private rooms.

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