adminTypes of Writs
• Habeas Corpus : This writ is issued when a person is illegally detained, and the court commands the detaining authority to produce the person before it.
• Mandamus : This writ is issued to compel an inferior court, tribunal, or administrative authority to perform a duty or act in a certain way.
• Certiorari : This writ is issued to correct errors apparent on the record, and it’s usually issued against judicial or quasi-judicial bodies.
• Quo Warranto : This writ is issued against a person who assumes a public office without authority.
• Prohibition : This writ is issued to prevent an inferior court or tribunal from exceeding its jurisdiction or acting without jurisdiction.
Key Points to Consider
When filing a writ petition, it’s essential to understand the differences between the Supreme Court and High Court’s jurisdictions. The Supreme Court can issue writs under Article 32 when a fundamental right is violated, while High Courts can issue writs under Article 226 in other matters.
Additionally, writs can be denied if there’s an alternative remedy available, and the court may refuse to issue a writ if the petitioner has delayed filing the petition.
YOU CAN JOIN US to elaborate on any of these points or provide more information on the Indian Constitution and writs at RESILIENCE LAW ACADEMY.
