Types of Writs In Indian Constitution

October 6, 2021
Types of Writs In Indian Constitution

Welcome to the gkmaster today we will know about the Types of Writs In Indian Constitution hope so you will like the post and learn something new.

The supreme court and high court have been provided with many powers which they use to provide justice to the public. One of the most important power which the courts have been provide is the power of issue writs.

The meaning of the word ‘Writs’ means command in writing in the name of the Court. It is a legal document issued by the court that orders a person or entity to perform a specific act or to cease performing a specific action or deed. 

In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India.

Types of Writs In Indian Constitution

Articles 32 and 226 specifically provide for Five Types of Writs In Indian Constitution. These writs are issued in different circumstances and have different implications. They are:

  1. Writs of Habeas Corpus

2. Writs of Certiorari

3. Writ of Quo-Warranto 

4. Writ of Mandamus 

5. Writ of Prohibition 

Aspirants Should go through these Types of Writs In Indian Constitution because these are very important for the UPSC Pre and UPSC mains. So go through them one by one and understood them properly.

  1. Writ of Habeas Corpus 

This writ literally means ‘you may have the body’. This writ is issued to produce a person physically before the court who has been imprisoned or detained by the law and to set him free if there is no legal justification for his detention. This writ can be issued against authorities of states or organizations or individuals.

2. Writ of Certiorari 

This writ literally means ‘to be certified’. This writ is issued by the higher court to the lower court for quashing the order already passed by the lower court or removing a suit from the lower court to the higher court for speedy disposal.

3. Writ of Quo-Warranto 

This writ literally means ‘by what warrants?’ or ‘what is your authority. It is a writ issued by the Supreme Court or High Court with a view to restraining a person or authority from holding a public office to which he is not entitled. The writ requires the concerned person or authority to explain to the Court by what authority he/she holds the office.

4. Writ of Mandamus 

This writ literally means ‘we command’. It is a judicial writ issued by the Supreme Court or a High Court as a command to an inferior court or tribunal or a person to perform a public or statutory duty.

5. Writ of Prohibition 

This writ is popularly known as ‘Stay Order’. This writ is issued by a higher court to a lower court to stop proceeding in a case on the ground of overstepping of jurisdiction or absence of jurisdiction. It is issued before the judgment or order is made in such cases.

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