The Seven Major types of Writs in India and their Purposes
As a citizen of India, it is always helpful to know the legal aspects of our country.
Accepting this context, we, AM Partners have
curated this blog on one of the
important legal elements in India and it is writs and types of writs.
You might have heard this term, ‘writ’ in various places such as news, or in court.
But, do you know how many types of writs are available in India's legal system?
Get to know what writ and the major types of writs in India and their purposes via
this blog from us.
Table of Contents
What is a writ and writ petition?
A writ is a formal written order issued by a court to a person or body instructing them to perform or restrain from doing a specific action, while a writ petition is a formal written application or request submitted to a court by an individual.
Usually, writ petitions can be submitted only to the High Court and the Supreme Court.
When are the writ petitions filed in India?
Writ petitions are typically filed under Article 32 of the Constitution of India before the Supreme Court for the enforcement of fundamental rights, or under Article 226 before the High Courts for similar purposes.
A writ petition is filed when the fundamental rights of the individual are infringed.
Types of Writs in India and their purposes
Habeas Corpus:
Habeas Corpus is a legal instrument used to protect individuals from unlawful detention or imprisonment.
Purpose: A Habeas Corpus writ petition is filed if someone believes that they or someone else is being held in custody without legal justification.
Mandamus:
Mandamus is issued by the court to command a government official, public body, corporation, or lower court to perform a specific act that they are obligated by law to perform.
Prohibition:
Prohibition is issued by a higher court to a lower court, tribunal, or any other authority, prohibiting it from exceeding its jurisdiction or acting beyond its legal powers.
Certiorari:
Certiorari is issued by a higher court to review the decision of a lower court, tribunal, or administrative body.
Quo Warranto:
Quo Warranto is filed to inquire into the legality of someone's claim to a particular office or position.
Procedendo:
Procedendo is issued to direct a lower court to continue its proceedings promptly and ensure that justice is not unduly delayed.
Supersedeas:
Supersedeas is issued to suspend the enforcement of a judgment, decree, or order of a lower court pending the outcome of an appeal or other legal proceedings.
Conclusion
This blog has covered all the types of writs in India that every citizen should know. Understanding these writ types is essential for legal literacy and safeguarding fundamental rights.
FAQs
Mandamus is the most used writ in India and it is issued by the High Court or Supreme Court to command a government official, public body, corporation, or lower court to perform a specific act that they are obligated by law to perform.
The concept of writ is to issue formal legal orders by the courts, in specific the High Court or the Supreme Court to a person or body to protect fundamental and constitutional rights.