What are various writs issued by Supreme Court?
Q. Which of the following are correctly matched?
1) Certiorari - to forbid
2) Mandamaus - we command
3) Quo-Warranto - by what authority- Published on 21 Feb 17a. 2, 3
b. 1, 3
c. 1, 2
d. All of the above
ANSWER: 2, 3
- Habeas Corpus - It’s Latin, which literally means ‘to have the body of’.
- It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.
- The court then examines the cause and legality of detention.
- It would set the detained person free, if the detention is found to be illegal.
- Thus, this writ is a bulwark of individual liberty against arbitrary detention.
- The writ of habeas corpus can be issued against both public authorities as well as private individuals.
The writ is not issued where the -
1. detention is lawful;
2. the proceeding is for contempt of a legislature or a court;
3. detention is by a competent court; and
4. detention is outside the jurisdiction of the court.
- Mandamus -It means ‘we command’.
- It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform.
- It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
The writ of mandamus cannot be issued -
1. against a private individual or body;
2. to enforce departmental instruction that does not possess statutory force;
3. when the duty is discretionary and not mandatory;
4. to enforce a contractual obligation;
5. against the president of India or the state governors; and
6. against the chief justice of a high court acting in judicial capacity.
- Prohibition -It means ‘to forbid’.
- It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction.
- Mandamus directs activity, but prohibition directs inactivity.
- The writ of prohibition can be issued only against judicial and quasi-judicial authorities.
- It is not available against administrative authorities, legislative bodies, and private individuals or bodies.
- Certiorari - It means ‘to be certified’ or ‘to be informed’.
- It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the orderof the latter in a case.
- It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
- Prohibition is only preventive, but certiorari is both preventive as well as curative.
- Till recently, the writ of certiorari could be issued only against judicial and quasi-judicial authorities.
- In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals.
- Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.
- Quo-Warranto - It means ‘by what authority or warrant’.
- It is issued by the court to enquire into the legality of claim of a person to a public office.
- It prevents illegal usurpation of public office by a person.
- The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution.
- It cannot be issued in cases of ministerial office or private office.
- Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.
