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What Is A Writ and What Is A Writ Petition?: Types of Writs Habeas Corpus

A writ is a formal written order issued by a court to compel certain actions. There are five main types of writs in India: habeas corpus, mandamus, prohibition, certiorari, and quo warranto. A writ petition can be filed in the High Court or Supreme Court of India if a person's fundamental rights are being violated by the state or a government agency. The writ petition process and requirements for each type of writ are then described in further detail.

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380 views

What Is A Writ and What Is A Writ Petition?: Types of Writs Habeas Corpus

A writ is a formal written order issued by a court to compel certain actions. There are five main types of writs in India: habeas corpus, mandamus, prohibition, certiorari, and quo warranto. A writ petition can be filed in the High Court or Supreme Court of India if a person's fundamental rights are being violated by the state or a government agency. The writ petition process and requirements for each type of writ are then described in further detail.

Uploaded by

Aditya Pandey
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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What is a Writ and What is a Writ Petition?

A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so on,
issued by the Supreme Court or the High court are called writs.

A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of
India when any of your fundamental rights are violated. The jurisdiction with the High Courts
(Article 226) with regards to a writ petition is wider and extends to constitutional rights too.

In this article, we will discuss the different types of writs and a sample format for submitting a
writ petition.

File a Writ Petition

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There are five types of writs: namely, quo warranto, habeas corpus, mandamus, prohibition and
certiorari.

Types of Writs
Habeas Corpus
A writ of Habeas Corpus is used by the courts to find out if a person has been illegally detained.
If the answer is yes, the court can order for his release. If a person has been illegally detained, he
himself, a friend or even a relative can file a writ of Habeas Corpus. Habeas Corpus is Latin for
‘Let us have the body’ (or, let us see the person who has been illegally detained). Through
Habeas Corpus, the court can thus also summon the person detained or imprisoned to the court.

To file a Habeas Corpus petition


Although generally a petition is to be filed by the person being detained or arrested, as per
Habeas Corpus, any other person can do it on behalf of the detained individual. This writ (written
petition) can be issued against a public authority or any particular individual.

Mandamus
A writ of Mandamus is issued by a higher court to a lower court, tribunal or a public authority to
perform an act which such a lower court is bound to perform. If a public official is not
performing his duty, the court can order it or him/her to do that. Mandamus means we command.

To file a Mandamus petition


Mandamus or the ‘we command’ writ can be issued against anyone, including the president or
governor of the state, a private person or chief justice. Any individual or a private body can file a
writ petition of mandamus, subject to the person/persons having legal rights to do so, in the
matter concerned.

Prohibition:
A writ of prohibition, also known as a ‘stay order’, is issued to a lower court or a body to stop
acting beyond its powers.

While a writ of mandamus is issued for any activity that is not legal, the writ of petition is issued
against the lower courts, such as magistrates and commissions, for inactivity in the matter of
concern. The High Court and Supreme Court can issue the Writ of Prohibition.

Writ of Certiorari:
The writ of Certiorari is issued by the Supreme Court to a Lower Court or any other body to
transfer a particular matter to the higher courts than itself. The Writ of Certiorari is issued by the
high court to the lower courts or tribunal, when an error of jurisdiction or law is believed to be
committed.
Writ of Certiorari is a curative writ.

Quo Warranto
The writ of Quo Warranto (by what warrant) is issued to inquire about the legality of a claim by
a person or authority to act in a public office, which he or she is not entitled to. The writ is only
for the public offices and does not include private institutions/offices.

Click here for a format of writ petition in Supreme Court.

A writ can be filed only if your fundamental rights are being violated. Generally, you can file a
writ petition against state and government agencies. However, a writ Petition can also be issued
against private authorities when they are discharging public functions.

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