Writ jurisdiction

Writ Jurisdiction in simple language

1. Writ Jurisdiction under the Indian Constitution Prepared by Vidya A R BA.LL.M PGDIM

2. The Judiciary  The Supreme Court can issue a writ against any person or government  within the territory of India. SC can issue writ to enforce fundamental rights. SC issues writ under Art. 32 which in itself is a fundamental right thus SC cannot refuse to exercise its writ jurisdiction.   Vidya A R

3. The High court High court can issue writs against a person residing or against a  government located within its territorial jurisdiction or if the cause of action arises  within its territorial jurisdiction. HC can issue writ to enforce fundamental rights and for any other purpose. Whereas Art. 226 is discretionary thus HC can refuse to exercise its writ jurisdiction. Vidya A R

4. Types of Writs   i. Habeas corpus  ii. Mandamus  iii. Prohibition   iv. Certiorari  v. Quo-warranto  Vidya A R

5. HABEAS CORPUS  The words ‘Habeas Corpus’ literally mean “to have the body’’. If a person is detained  whether in prison or private custody without any justification for detention then he  himself or through his representative may seek relief under this writ. The SC or HC will then issue this writ to produce the person who has been  detained before a court and to release him if such detention is found illegal. This writ is  issued in order to protect individual liberties against state and other individuals.  Vidya A R

6. MANDAMUS  Mandamus means ‘we command’. It is issued when a public official or a person holding a  public office has failed to perform his/her public or statutory duty. Mandamus can be  issued against any public authority. But it cannot be issued against the President or the Governor of a state for the exercise of their duties and power.  Vidya A R

7. PROHIBITION  A writ of prohibition is issued to an inferior court preventing it from assuming  jurisdiction which is not legally vested in it. When a tribunal or lower court acts without or in excess of jurisdiction this writ can be demanded. It is generally issued before the trial of the case or during pendency of proceeding, but never after the order is  made. While mandamus commands activity, prohibition commands inactivity, it is  available only against judicial or quasi-judicial authorities and is not available against a public officer.  Vidya A R

8. CERTIORARI The writ of certiorari can be filed to HC or SC if a subordinate court; i. acts without or in excess of jurisdiction or  ii. acts in contravention of the rules of natural justice or  iii. Commits an error apparent on the face of the record.  Although the object of both the writs of prohibition and of certiorari is the same,  prohibition is available at an earlier stage whereas certiorari is available at a later stage when the order is made.  Vidya A R

9. QUO-WARRANTO  The term ‘quo-warranto’ means ‘what is your authority’. If a public office is held by any one not qualified to hold it, it can be challenged by any person. Under this writ, the  person is ordered by the court to explain under what valid grounds he is holding such a position. If it is found on investigation that he is not entitled to the office, the court may restrain him from acting in the office and order to vacate the office.  Vidya A R

10. Thank You Vidya A R