The Constitution of India empowers the higher judiciary (the Supreme Court and the High Courts) to issue certain directions, orders, or writs in the interest of protecting the fundamental rights of citizens. These writs are crucial checks and balances on the powers of the State. They are enshrined in Article 32 of the Constitution for the Supreme Court and in Article 226 for the High Courts.
The five main types of writs under the Indian Constitution are:
1. Habeas Corpus (meaning "You may have the body")
This writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal or unjustified.
It serves as a bulwark against arbitrary arrest and detention.
2. Mandamus (meaning "We Command")
This writ is a command issued by a court to a public official asking him to perform his official duties that he has failed or refused to perform.
It cannot be issued to compel an authority to do something against the statutory law.
The writ can't be granted against a private individual or body, except where the body or individual is performing a quasi-public function.
3. Prohibition
This writ is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
Essentially, it stops the lower court from continuing the proceedings in a particular case.
4. Certiorari (meaning "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 order of the latter in a case.
It’s employed when the lower court or tribunal has passed an order violating the principles of natural justice, or if the order was passed with an absence of jurisdiction or in excess of it.
5. Quo Warranto (meaning "By what authority?")
This writ is issued to enquire into the legality of the claim of a person to a public office. It restrains the individual from acting in a capacity to which he/she is not entitled.
The main purpose is to protect the public from the usurpation of a public office by an unlawful claimant.
Both the Supreme Court and High Courts have the power to issue these writs, but while the Supreme Court can issue writs only for the enforcement of fundamental rights, the High Courts can issue them not only for this purpose but also for any other purpose. This means the jurisdiction of the High Courts in issuing writs is wider than that of the Supreme Court. However, if a person's fundamental rights are violated, they have the right to directly approach the Supreme Court under Article 32, making this right itself a fundamental right.
