By

Amulya Nigam

(Ballb 5th sem)

Writ General Meaning - a formal order in Writing issued

under seal, in the name of a sovereign, government,Court or other authority, commanding an officer orother person to whom it is issued, to do or refrain fromdoing some act specified therein.

The supreme court of India is alert guardian of fundamental rights of citizens.It is supreme

custodian.Article 32 of constitution provides for writs for the enforcement of fundamental

rights.Similar jurisdiction is available to high court under Article 226. actually , the jurisdiction

of high court to issue writ is more wide than that of supreme court . High court can issue writ for 'other purposes' alongwith fundamental rights ,

whereas supreme court can only issue writ for the enforcement of fundamental rights

TYPES OF WRITS As per Article 32(2) and Article 226(1) of the

constitution,the supreme court and high court can issue five types of writs-

1.Habeas corpus

2.Mandamus

3.Prohibition

4.Certiorari

5.Quo-Warrant

Writ of Habeas corpus Habeas Corpus means, “you may have the body."

A person, when arrested, can move the Court forthe issue of Habeas Corpus. It is an order by aCourt to the detaining authority to produce thearrested person before it so that it may examinewhether the person has been detained lawfully orotherwise. If the Court is convinced that theperson is illegally detained, it can issue orders forhis release.

Who can apply? General rule is that an application can be made by a

person who is illegally detained. But in certain cases,an application of habeas corpus can be made by anyperson on behalf of the prisoner, i.e., a friend or arelation.

“SUNIL BATRA V. DELHI ADMINISTRATION’’(AIR 1980 SC

1579)

The Supreme Court enlarged the scope of habeascorpus, making available the fundamental rights of theprisoners .

“P.S SADASHIV SWAMI V.STATE OF TAMIL NADU”(AIR 1974 SC 2271) - The Supreme Court gave the meaning of the writ

Habeas Corpus in this case-

1.Court can ask the causes of detention of the detained person.

2.Can order to produce the detained person before the court.

3.If the detained person is illegally detained , the court will order that he be released.

Writ of Mandamus Mandamus is a Latin word, which means "We

Command". Mandamus is an order from a superior court to a

lower court or tribunal or public authority toperform an act, which falls within its duty.

Simply, it is a writ issued to a public official to do athing which is a part of his official duty, but,which, he has failed to do, so far. This writ cannotbe claimed as a matter of right. It is thediscretionary power of a court to issue such writs.

“MANI SHOBHREJ JAIN V. STATE OF HARYANA” [(1977)1 SCC 486]- Requirement of mandamus writ are described in this

case.According to it,following condition for issue of mandamus are required to be fulfilled-

Existence of legal right,

Such legal right shall be enforceable by court,

The enforcement of such right imposes responsibility of performance of any duty over any person , public authority, corporation or government.

Such duty is of public nature.

Writ of Prohibition Writ of prohibition means to forbid or to stop and

it is popularly known as 'Stay Order'.

This writ is issued when a lower court or a bodytries to transgress the limits or powers vested in it.

It is a writ issued by a superior court to lower courtor a tribunal forbidding it to perform an actoutside its jurisdiction. After the issue of this writ,proceedings in the lower court etc. come to a stop.

“GOVIND MENON V. UNION OF INDIA"(AIR 1967 SC 1893) It was held that prohibition writ may be issued under

the followiing conditions-

Where there is excess of jurisdiction.

Where there is absence of jurisdiction.

Writ of Certiorari Literally, Certiorari means to be certified.

The writ of certiorari is issued by the Supreme Court tosome inferior court or tribunal to transfer the matter toit or to some other superior authority for properconsideration.

“STATE OF UP V. MOHAMMED NOOR "(AIR 1958 SC 86) Supreme court said that certiorarri is maiinly issued to

reform the mistakes related to jurisdiction of subordinate courts or quasi-judicial bodies.In other woords,it can be said that the writ is isuued when the subordinate court or tribunal acys in absence of jurisdiction or beyond jurisdiction or fails to use its jurisdiction.

“HARI VISHNU KAMATH V.AHMED

ISHAQ”(AIR 1955 SC 233)

The writ is issued for correcting an error of lawapparent on the face of records. It cannot be issued tocorrect an error of fact.

The word Quo-Warrant literally means “on whatauthority one is holding the public office"

It is a writ issued with a view to restraining aperson from acting in a public office to which he isnot entitled.

Example For example, a person of 62 years has been appointed

to fill a public office whereas the retirement age is 60years. Now, the appropriate High Court has a right toissue a Writ of quo-warranto against the person anddeclare the office vacant.

''UNIVERSITY OF MYSORE V. GOVIND RAO'' (AIR 1965 SC 491) In this case requiremennts of quo warrant writ are

described.this writ can be issued in the following conditions.

When disputed post is public post.

If the post is held by the person without legal authority.

DIFFERENCE BETWEEN PUBLIC INTEREST LITIGATION AND PRIVATE INTEREST LITIGATION

PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION

It is attached to public interest at large. It is attached to interest of specific person

The main aim is to protect public interest. The main aim is to protect private interest.

The right and remedy does not depend upon each other because remedy seeking person does not fight for his own interest.

The right and remedy depends on each other as the person suing have interest in litigation for the enforcement of remedies.

Rule of locus standi is relaxed Rule of locus standi is followed.

It is prospective. It is retrospective.

The process is very simple, easy and cheap.

The process is complicated , expensive and delaying.

The evidence is narrow and free from technicalities.

The evidence is strictly examined under it.

Here the case can not be withdrawn. The writ can be withdrawn.

The subject matter is generally of social and national interest.

The subject matter is of private right.

The work and view of judges is very important and related to national interest and liability.

The work of judges is limited to examination of evidences.

PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION

The applicant has not his own interest and he does not struggles for himself.

Personal interest struggle for its own benefit.

It can be presented by anybody whether he has suffered or not . Other’s can also file writ whether they have interest in injured part or not.

The litigation is filed by interested or aggrieved party only.

Thank you