Скачать или смотреть Types of WRITS in Indian Constitution | Habeas Corpus | Article 226

In the Indian Constitution, writs are powerful legal instruments that individuals can use to protect their fundamental rights. The right to constitutional remedies is enshrined in Article 32 (for the Supreme Court) and Article 226 (for the High Courts). These writs serve as tools to ensure that the government or any public authority does not violate the rights of citizens.

Here is a description of the five types of writs under the Indian Constitution:


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1. Habeas Corpus

Meaning: “To have the body”
Purpose: To protect individual liberty against unlawful detention.
Use: If a person is detained unlawfully, this writ can be filed to bring the person before the court. If the detention is found to be illegal, the court can order the person's release.
Example: If a person is held by police without legal justification, their family can file a habeas corpus petition.


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2. Mandamus

Meaning: “We command”
Purpose: To compel a public official or authority to perform a duty that they have failed or refused to do.
Use: It cannot be issued against private individuals or organizations.
Example: If a government officer refuses to grant a license to a person despite fulfilling all criteria, the person can file for a writ of mandamus.


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3. Prohibition

Meaning: “To forbid”
Purpose: To prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to law.
Use: Issued by a higher court (Supreme Court or High Court) to a lower court.
Example: If a tribunal starts hearing a case outside its legal authority, a writ of prohibition can be filed.


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4. Certiorari

Meaning: “To be certified” or “To be informed”
Purpose: To quash the order or decision of a lower court or tribunal that acted beyond its jurisdiction or violated the law.
Use: Issued after the order has been passed, unlike prohibition, which is preventive.
Example: If a lower court passes a judgment without following due process, a higher court can nullify it through certiorari.


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5. Quo Warranto

Meaning: “By what authority”
Purpose: To prevent a person from holding a public office unlawfully.
Use: Ensures that only eligible and legally qualified individuals hold public office.
Example: If someone is appointed as a government officer without meeting eligibility criteria, any citizen can challenge it through this writ.


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Summary Table:

Writ Purpose Against Whom

Habeas Corpus Release from illegal detention Authorities/persons detaining
Mandamus Command to perform public duty Public officials/authorities
Prohibition Stop proceedings beyond jurisdiction Lower courts/tribunals
Certiorari Quash illegal orders Lower courts/tribunals
Quo Warranto Challenge illegal occupation of office Person holding public office



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These writs are crucial for upholding rule of law and individual rights in India, and any citizen can approach the courts for remedy under Article 32 or 226.

Types of writs in indian constitution
habeas corpus writ
Mandamus writ
prohibition writ
certiorari writ
quo warranto writ
writ kya hai ?
supreme court writ jurisdiction
high court writ jurisdiction
article 32
article 226
writ petition

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