Writs
Indian Polity · रिट
📋Quick Overview
The Indian Constitution provides for 5 types of Writs that can be issued by the Supreme Court under Article 32 and by High Courts under Article 226. These writs are borrowed from English law and serve as powerful remedies for the protection of Fundamental Rights and legal rights. The 5 writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. Article 32 covers ONLY Fundamental Rights, while Article 226 of High Courts is WIDER — it covers Fundamental Rights AND other legal rights.
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Art 32 (SC) = ONLY for Fundamental Rights | Art 226 (HC) = For Fundamental Rights + ANY other legal rights (WIDER scope)
📖5 Writs — Complete Comparison Table
| Writ | Meaning | Issued Against | Purpose | Key Point |
|---|---|---|---|---|
| Habeas Corpus | Produce the Body | Any person (public or private) | Release person from illegal detention/arrest | Can be filed by anyone on behalf of detained person, not just the victim |
| Mandamus | We Command | Public official, government, public body (NOT private person, NOT President/Governor) | To compel a public authority to perform its legal duty | Cannot be issued against President, Governor, or private individuals |
| Prohibition | To Forbid | Lower court / tribunal | To stop lower court from exceeding its jurisdiction | Issued BEFORE judgment — preventive in nature. Only judicial/quasi-judicial bodies |
| Certiorari | To Be Certified / Informed | Lower court / tribunal | To quash order of lower court OR transfer case to higher court | Issued AFTER judgment (or during proceedings). Against judicial + quasi-judicial + administrative bodies (post-1991) |
| Quo Warranto | By What Authority | Any person holding public office illegally | To challenge a person who illegally holds a public office | Can be filed by ANY person (not just aggrieved). Only for public statutory offices, not private |
📝Key Differences & Exam-Important Points
- •Habeas Corpus = ONLY writ that can be issued against PRIVATE individuals (all others against government/public bodies)
- •Mandamus = CANNOT be issued against President or Governor (their constitutional duties are discretionary)
- •Prohibition vs Certiorari: Prohibition = BEFORE judgment (preventive), Certiorari = AFTER judgment (curative)
- •Both Prohibition and Certiorari issued against lower courts/tribunals — NOT against private individuals
- •Quo Warranto = ANY person can file (not just aggrieved) — it is for PUBLIC interest
- •Habeas Corpus can also be filed by anyone on behalf of detained person (not just the victim)
- •Art 32 can be suspended during National Emergency (but NOT Art 226)
- •Art 32 is itself a Fundamental Right — it cannot be taken away even by Constitutional Amendment (Basic Structure)