Hello Readers ,In this topic we will study about different types of writs issued by courts in India.
Now first question that arises in the mind is What is a Writ ?
The Answer for this question is that Writ is simply means an order.Anything which is issued under an authority is a Writ.The Indian Constitution empowers the Supreme Court to issue writs for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution under Article 32.
Every citizen can move to Supreme court or higher court or any other court for the enforcement of his fundamental right through judicial writs.
This Right is however can be suspended during the operation of emergency proclaimed by President of India.
Different Types of Writs issued by Courts are :
i)Habeas Corpus : which literally means “to have the body “.By issuing such a writ the court can order that a person who has been imprisoned or detained be brought before it and enquire under what authority he has been imprisoned or detained.Nobody can be deprived of his right to remain free either by the state or by any group or individuals without being assigned a lawful order.
ii)Mandamus:literally means a “command” issued by the court to any public or Quasi-Public legal body which has refused to perform its legal duty.Its an order by a superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty.
iii)Prohibition:is issued by a Superior court to an inferior court preventing it from dealing with a matter over which it has no jurisdiction .The object of the Writ is to compel inferior courts to keep themselves within the limits of their jurisdiction.The writ of prohibition differs from the mandamus in the while commands activity,prohibition commands inactivity.
iv)Quo Warranto:is an order by the court to prevent a person from holding office to which he is not entitled and to oust him from Office.
v)Certiorari: is a writ issued by a superior court to an inferior court or body exercising judicial or Quasi Judicial powers;to remove a suit and adjudicate upon the validity of the proceedings of the body exercising judicial or Quasi-Judicial functions.
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