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What are the types of writs under Article of 32, and Article of 226 of Constitution of India?

What are the types of writs under Article of 32, and Article of 226 of Constitution of India?

There are five types of writs under Article of 32, and Article of 226 of Constitution of India – 

  • Habeas Corpus writ
  • Mandamus writ
  • Quo Warranto
  • Prohibition
  • Certiorari.

Habeas Corpus writ literally means “Have the body” this writ is issue to secure the release of person from illegal detention or without legal justification, its deals with person right of freedom. In simple words Court direct the person and even authority who has detained individual to bring such person before Court so that Court may decide the validity, justification, jurisdiction of such detention. It is to be filed by any person.

Mandamus writ means that “To command the public authority” to perform its public duty in India. It is discretionary remedy even as all five writs are discretionary remedy in nature. Court has full power to refuse to entertain a writ petition. This writ is not lie on president, governor, state legislatures, private individuals or any registered body.

Quo Warranto is ancient common law remedy. It is used against an intruder or usurper of public office. Literally means “What is your authority”. Court directs the concerned person that by what authority he holds the office. The Court may oust a person from the office if he finds that he is not entitled to obtain such office.

Prohibition Prohibition is an extraordinary prerogative writ of prevention; it seeks to prevent Courts, Tribunals, Quasi-judicial authorities and officers from exceeding their jurisdiction. Main object of this writ is to prevent the encroachment of jurisdiction. It is based upon “Prevention is better than cure”.

Certiorari deals with a method to bring the record of subordinate Court before the superior Court for correction of jurisdiction or error of law committed by them. In simple word if any inferior Court decided the case beyond its powers than Apex Court and High Courts correct the error by issuing this writ. Earlier it was used for criminal matters but later on it was started to use in civil cases too. Grounds for this writ are (a) excess or failure to exercise the jurisdiction (b) violation of natural justice rules such as right of notice and hearing (c) violation of fundamental rights or statutory provisions of laws. (c) Finding of facts which no person would have reached to the conclusion.

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