Q. Explain mechanism of writ and its types in Indian legal system.

A person whose right is infringed by an arbitrary administrative action may

approach the Court for appropriate remedy. The Constitution of India, under
Articles 32 and 226 confers writ jurisdiction on Supreme Court and High
Courts, respectively for enforcement/protection of fundamental rights of an
Individual. Writ is an instrument or order of the Court by which the Court
(Supreme Court or High Courts) directs an Individual or official or an authority
to do an act or abstain from doing an act.

Art.32. says that, the right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by Part III is
guaranteed. The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the enforcement
of any of the rights conferred by this Part. Without prejudice to the powers
conferred on the Supreme Court by clauses (1) and (2), Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction all
or any of the powers exercisable by the Supreme Court under clause (2). The
right guaranteed by this article shall not be suspended except as otherwise
provided for by this Constitution.

According to Art. 226 ,every High Court shall have power, throughout the
territories in relation to which it exercises jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those
territories directions, orders or writs, including 1 [writs in the nature of habeas
Corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for
the enforcement of any of the rights conferred by Part III and for any other
purpose.]The power conferred by clause (1) to issue directions, orders or writs
to any Government, authority or person may also be exercised by any High
Court exercising jurisdiction in relation to the territories within which the cause
of action, wholly or in part, arises for the exercise of such power,
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.

The power conferred on a High Court by this article shall not be in derogation
of the power conferred on the Supreme Court by clause (2) of article 32.
Thus, Article 32 and Article 226 of the Indian constitution talks about writs in
India . Formal order of the court directing the authorities in case there is a
violation of fundamental rights by a government authority or body. Writ petition
can be filed either in the High Court or the Supreme Court.
The procedure of filing a writ petition is initiated with drafting of petition in
prescribed format followed by filing along with the required documents i.e.
Affidavit, annexure etc. Later, a date of hearing is fixed, on which the court
shall admit the petition. On admission of the petition, the court sends a notice to
the other party where another date will be fixed for hearing in the presence of
such other party.

The kinds of writs are as follows:

1. Writ of Habeas Corpus: This type of writ petition is filed when a person is
illegally detained. If the court finds out that the person is actually illegally
detained then it can order for the release of such illegally detained person. The
literal meaning of the Habeas Corpus means ‘you may have the body of’. An
application for habeas corpus can be made by any person on the behalf of the
prisoner/detenu as well as the prisoner/detenu himself. Even a letter to the judge
mentioning illegalities committed on prisoners in jail can be admitted.
Case : Bhim singh vs. State of J & K.

2. Writ of Mandamus: Mandamus is a Latin word having meaning ‘we

command’. Mandamus is a writ whereby the higher courts orders the lower
court, tribunal, forum or any other public authority to do an act which otherwise
also falls under the purview of their duty. Simply the writ of mandamus is
issued when a public officer fails to perform his/her official duty or something
which forms part of his/her official duty.

3. Writ of Prohibition: As the name suggests the writ of prohibition is issued

either by the Supreme Court or High Court to prohibit. When the lower courts
including the tribunals, forums or any public authority (magistrate, commissions
or any other judicial officers) do something which exceeds their jurisdiction the
Supreme Court or High Court prohibits them by issuing the writ of prohibition.

4. Writ of Certiorari: In the literal sense the word certiorari means ‘to be
certified’. The writ of certiorari is issued by the apex court for transfer of matter
to it or any superior authority for proper consideration of the matter. The writ of
certiorari can be issued against the inferior court or tribunal. The purpose of the
writ of certiorari is not only negative in the sense that it is used to quash an
action but it contains affirmative action as well. It is preventive as well as
curative in nature. The power of judicial review is not restricted where glaring
injustice demands affirmative action.
Case study:- In A.K. Kripak Vs Union of India.

5. Writ of Quo-Warranto: The meaning of term Quo-Warranto is ‘by what

authority’ or ‘on whose authority one is holding a public office’. This writ is
issued to restrain a person from acting in the capacity of public office to which
he is not entitled working in. For instance, there is a vacancy in a government
and that vacancy is filled up by giving a job to 63 year old person. However, the
retirement age is 60 years and thus in this case a writ of quo warranto can be
filed for removing such person from the public office. The use of the writ is
made in cases of usurpation of a public office and removal of such usurper.
Conversely, it protects citizen from being deprived of public office to which he
may have a right. A petition for the writ of Quo Warranto can be filed by any
person though he is not an aggrieved person.

Thus it is clear that vast powers are vested with the Judiciary to control
an administrative action when it infringes fundamental rights of the citizens or
when it goes beyond the spirit of Grundnorm of our country i.e. Constitution of
India. It ensures the Rule of Law and proper check and balances between the
three organs of our democratic system. The philosophy of writs is well
synchronized in our Constitutional provisions to ensure that rights of citizens
are not suppressed by an arbitrary administrative or judicial action.