LAWLIGHTS – WRITS AND ITS TYPES

LAWLIGHTS – WRITS AND ITS TYPES 

INTRODUCTION:

• v DR.AMBEDKAR in his observation considers the article 32 is the most important article without this article the constitution seems to be nullity.
• v First thing all need to know, what is writ? And for what purpose it is enforced in the Article of our Indian Constitution?
• v Our constitution of India enforced certain articles in which the Supreme Court and the High Courts are empowered to issue writs.
• v Writs are issued for safeguarding the fundamental rights of its people enshrined in PART III OF THE CONSTITUTION UNDER ARTICLE 32 AND 226.

 

• 1.    UNDER ARTICLE 32 OF THE INDIAN CONSTITUTION THE SUPREME COURT ISSUE A WRITS.
• 2.    UNDER ARTICLE 226 OF THE INDIAN CONSTITUTION THE HIGH COURTS ISSUE WRITS.

        WRITS AND ITS TYPES:

  There are 5 types of writs enacted in our Indian constitution to seek remedy over infringement of fundamental rights.

• v HABEAS CORPUS
• v  MANDAMUS
• v PROHIBITION
• v CERTIORARI
• v QUO WARRANTO

 

WRIT OF HABEAUS CORPUS:

• v In Latin term habeas corpus mean ‘you must have the body’, this writ applies for the term in which a person is wrongfully detained or restrained and for this cause this writ is a command of the court ordering to produce the person within 24 hours.

GROUNDS OF ISSUE OF THE WRIT:

• v Person or applicant must be under detained custody.
• v On behalf of the petitioner his mother, father or his spouse, legal heirs any one can file the writ.
• v If the detaining authority produces indefinite grounds of detention this writ can be issued.

REFUSAL OF WRIT:

The writ habeas corpus shall be refused in the following cases,

• v If the petitioner detained beyond the jurisdiction place
• v There is no occurrence of the issue
• v If it has the effect of review of the judgment of a court which can go on appeal.

WRIT OF MANDAMUS:

• v This term mandamus means to give order or command.
• v This writ issued under the court order or commands person or any public authority to do or not to do public work when it is needed or infringed.
• v It is an action to compel the authority to do a certain public act or to stop them from doing so.

AGAINST WHOM WRIT OF MANDAMUS CAN BE FILED?

• v Filed against governmental bodies, semi-governmental bodies, corporations, administrative authorities, local statutory bodies, aided educational institutions or any public authority.
• v But this writ cannot be filed against the PRESIDENT or governor of the state.

GROUNDS FOR ISSUE OF THE WRIT:

• v Person filing the writ must have any legal or statutory right which is to be enforced.
• v The above, mentioned legal right should be infringed.
• v Person may fight for his right and recommended the duly authorized legal authority for the performance of his duty and it must have been by the authority.

GROUNDS IN WHICH WRIT CAN BE REFUSED:

• v If the statement or facts of the case is misrepresented, or falsely stated.
• v There is an delay without proper reasons.
• v In the situation where the effects may turn useless.

WRIT OF CERTIORARI:

• v The term certiorari in a Latin term means TO BE INFORMED.
• v This writ is ordered by the superior court to the inferior court to deliver records, files, and related documents of the case to higher courts to review the  or actions of the lower court proceedings with facts of the case needed or to be quashed.

GROUNDS FOR THE ISSUE OF THE WRIT:

• v There should be jurisdictional basis.
• v Arises from nature of subject matter.
• v Abuse of constitutional facts of the tribunal.
• v Violation of natural justice.
• v False presentation of record apparent to law.

GROUNDS FOR REFUSAL:

• v This writ is only subject to a discretionary remedy, it is available when there is no alternative remedy is found or otherwise it is refused.

WRIT OF PROHIBITION:

• v The writ of prohibition is a command from the superior courts i.e., the Supreme Court or the high courts to prohibit the proceedings of the case in which they have no jurisdiction and orders to stop such thing which law prohibits.
• v This writ is only available in the case where the tribunal or any inferior court not yet made any decisions.
• v Only issued against judicial and quasi-judicial bodies.

GROUNDS FOR THE ISSUE OF WRIT OF PROHIBITION:

• v Tribunal or inferior courts are in excess of jurisdiction.
• v Violation of natural justice.
• v Infringement of fundamental rights.

GROUNDS FOR REFUSAL:

• v Only available if the issue is still in pending nature in the tribunal or inferior courts or it is refused. Only the writ of certiorari can be issued.

WRIT OF QUO WARRANTO:

• v According to layman quo warranto means on what authority one is holding the public office.
• v This writ is issued under the circumstances in which a person holding a public office.
• v The issue of quo warranto the court orders to restrain a person from holding the public office for which he is not entitled.

CONDITIONS FOR ISSUE A WRIT:

• v Office must be a governmental body.
• v The public must have any interest over the office.
• v Person holding the office should not possess any legal authority.

GROUNDS OF REFUSAL OF THE WRIT:

• v Office is in private sector.
• v Any person not holding the public office.
• v In case of office is abolished.
• v It is in vexatious nature.
• v Undue delay in the process of writ.

 

Procedures for FILING THE WRIT PETITION IN COURTS and the LANDMARK CASES over writ petition will be discussed in next forum in this site.

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