WRITS UNDER ARTICLE 32 & 226 OF CONSTITUTON OF INDIA

Presented by Sneha Ayachit 9th sem (B.A.LL.B)

WHAT ARE WRITS?

Writs are extraordinary legal remedies offered to individuals who don't obtain adequate protection under ordinary laws. Under art. 32 is intended to dispute the violation of a fundamental right only in supreme court. Under art.226- supports of any right, including fundamental right at high court.

Types of writs Habeas Corpus

Habeas Corpus is a Latin term which means you may have the body. The writ is issued in form of an order calling upon a person by whom another person is detained to bring that person before court & by what authority he has detain that person. The writ of habeas corpus lies if the power of detention vested in the authority was exercised mala fide or violates the law.

Mandamus
Mandamus means- the order. Is an order by superior court commanding a person or a public officer to do or forbear to do something in the nature of public duty or in certain cases of a statutory duty. The writ would be issued when there is failure to perform a mandatory duty.

Prohibition
It means to stop or prohibit or stay order. This writ is issued when the lower court exceeds the limits vested in it. This writ is issued to the lower courts or inferior courts to stop the proceedings of the particular case, when it has no jurisdiction to try.

Certiorari
Means to be certified. The order can be issued by the H.C or S.C for quashing the order already passed by an inferior court or tribunal. Grounds on which it is issued: Excess jurisdiction Violation of principles of natural justice. When there is error of law.

Quo- warranto
means what is your authority. By this writ the officer is called upon to show to the court under what authority he holds the office. When it can apply The office in question is public officer Is held by person without legal authority.

Case study
Sunil Batra v. Delhi Adminstration The supreme court enlarged the scope the habeas corpus making available the fundamental rights of the prisoner. Barada Kanta v. State of West Bengal In this case writ of mandamus does not lie against any private individual or private organization because they are not entrusted with public duty.

S Govind v. Union of India Prohibition is used in both when there is excess jurisdiction and when there is no jurisdiction. Hari Vishnu v. Ahmad Ishaque Certiorari can be issued to correct the error of law apparent on the face of records. It cannot be issued to correct the facts. Baji v. State of UP Where the holder of the office has been continuing in office for long time and there is no complaint against him the court refused the writ as it would have been vexatious.