Writs are written orders issued by courts to enforce Fundamental Rights and ensure justice. They are borrowed from English law. The Supreme Court issues writs under Article 32 and High Courts under Article 226. Writs are a frequent topic in competitive exams.
Article 32 and Article 226
- Article 32 is itself a Fundamental Right; Dr. B.R. Ambedkar called it the heart and soul of the Constitution.
- Under Article 32, the Supreme Court can issue writs only for Fundamental Rights.
- Under Article 226, High Courts can issue writs for Fundamental Rights and for other legal rights too, giving them wider powers.
Habeas Corpus and Mandamus
- Habeas Corpus means 'to have the body'. It is issued to produce an illegally detained person before the court.
- Mandamus means 'we command'. It orders a public official or body to do its legal duty. It cannot be issued against a private person or the President.
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Prohibition and Certiorari
- Prohibition means 'to forbid'. A higher court issues it to a lower court to stop it from exceeding its jurisdiction. It is issued only against judicial bodies.
- Certiorari means 'to be certified'. It is issued to quash an order already passed by a lower court or tribunal.
Quo Warranto
Quo Warranto means 'by what authority'. It is issued to check whether a person holds a public office legally. Any interested person can file it, not only the aggrieved party.
Quick Revision Points
- Supreme Court issues writs under Article 32; High Courts under Article 226.
- There are five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- Article 32 is the heart and soul of the Constitution (Ambedkar).
- Habeas Corpus protects against illegal detention.
- Mandamus commands a public duty.
- Quo Warranto questions the authority of holding a public office.
- High Courts have wider writ powers than the Supreme Court.