This document discusses different types of writs that can be issued by the Supreme Court and High Courts in India under Articles 32 and 226 of the Constitution. It explains the five main writs - habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Habeas corpus orders the production of a detained person, mandamus commands a public duty to be performed, prohibition forbids lower courts from acting beyond their jurisdiction, certiorari transfers a case to correct errors of law, and quo warranto restrains unlawful holding of public office. The document also distinguishes between public interest litigation, which relaxes the rules of standing to protect public rights, and private interest litigation which enforces private remedies.

1. Constitutional Remedies
Course-LL.B-II
Subject-Constitutional laws of India
Unit-III
1

2. WRIT
TYPES OF WRIT AND
DIFFERENCE BETWEEN
PUBLIC INTEREST
LITIGATION AND PRIVATE
INTEREST LITIGATION

3. Writ
• General Meaning - a formal order in Writing
issued under seal, in the name of a sovereign,
government, Court or other authority,
commanding an officer or other person to
whom it is issued, to do or refrain from doing
some act specified therein.

4. The supreme court of India is alert guardian of
fundamental rights of citizens.It is supreme
custodian.Article 32 of constitution provides for
writs for the enforcement of fundamental
rights.Similar jurisdiction is available to high court
under Article 22o6. actually , the jurisdiction of
high court to issue writ is more wide than that of
supreme court . High court can issue writ for
'other purposes' alongwith fundamental rights ,
whereas supreme court can only issue writ for the
enforcement of fundamental rights.

5. TYPES OF WRITS
• As per Article 32(2) and Article 226(1) of the
constitution,the supreme court and high court
can issue five types of writs-
• 1.Habeas corpus
• 2.Mandamus
• 3.Prohibition
• 4.Certiorari
• 5.Quo-Warrant

7. Writ of Habeas corpus
• Habeas Corpus means, “you may have the body."
• A person, when arrested, can move the Court for the
issue of Habeas Corpus. It is an order by a Court to
the detaining authority to produce the arrested
person before it so that it may examine whether the
person has been detained lawfully or otherwise. If
the Court is convinced that the person is illegally
detained, it can issue orders for his release.

8. Who can apply?
• General rule is that an application can be
made by a person who is illegally detained.
But in certain cases, an application of habeas
corpus can be made by any person on behalf
of the prisoner, i.e., a friend or a relative.

9. “SUNIL BATRA V. DELHI
ADMINISTRATION’’(AIR 1980
SC 1579)
• The Supreme Court enlarged the scope of
habeas corpus, making available the
fundamental rights of the prisoners .

10. “P.S SADASHIV SWAMI V.STATE OF
TAMIL NADU”(AIR 1974 SC 2271) -
• The Supreme Court gave the meaning of the
writ Habeas Corpus in this case-
• 1.Court can ask the causes of detention of the
detained person.
• 2.Can order to produce the detained person
before the court.
• 3.If the detained person is illegally detained ,
the court will order that he be released.

11. Writ of Mandamus

12. Writ of Mandamus
• Mandamus is a Latin word, which means "We
Command".
• Mandamus is an order from a superior court to a
lower court or tribunal or public authority to perform
an act, which falls within its duty.
• Simply, it is a writ issued to a public official to do a
thing which is a part of his official duty, but, which,
he has failed to do, so far. This writ cannot be
claimed as a matter of right. It is the discretionary
power of a court to issue such writs.

13. “MANI SHOBHREJ JAIN V. STATE OF
HARYANA” [(1977)1 SCC 486]-
• Requirement of mandamus writ are described in
this case.According to it,following condition for
issue of mandamus are required to be fulfilled-
• Existence of legal right,
• Such legal right shall be enforceable by court,
• The enforcement of such right imposes
responsibility of performance of any duty over
any person , public authority, corporation or
government.
• Such duty is of public nature.

15. Writ of Prohibition
• Writ of prohibition means to forbid or to stop and it
is popularly known as 'Stay Order'.
• This writ is issued when a lower court or a body tries
to transgress the limits or powers vested in it.
• It is a writ issued by a superior court to lower court
or a tribunal forbidding it to perform an act outside
its jurisdiction. After the issue of this writ,
proceedings in the lower court etc. come to a stop.

16. “GOVIND MENON V. UNION OF
INDIA"(AIR 1967 SC 1893)
• It was held that prohibition writ may be issued
under the followiing conditions-
• Where there is excess of jurisdiction.
• Where there is absence of jurisdiction.

17. Writ of Certiorari
• Literally, Certiorari means to be certified.
• The writ of certiorari is issued by the Supreme
Court to some inferior court or tribunal to
transfer the matter to it or to some other
superior authority for proper consideration.

18. “STATE OF UP V. MOHAMMED NOOR
"(AIR 1958 SC 86)
• Supreme court said that certiorarri is mainly
issued to reform the mistakes related to
jurisdiction of subordinate courts or quasi-
judicial bodies.In other words,it can be said
that the writ is issued when the subordinate
court or tribunal acts in absence of
jurisdiction or beyond jurisdiction or fails to
use its jurisdiction.

19. “HARI VISHNU KAMATH V.AHMED
ISHAQ”(AIR 1955 SC 233)
• The writ is issued for correcting an error of law
apparent on the face of records. It cannot be
issued to correct an error of fact.

20. Quo-Warrant

21. • The word Quo-Warrant literally means “on what
authority one is holding the public office"
• It is a writ issued with a view to restraining a person
from acting in a public office to which he is not
entitled.

22. Example
• For example, a person of 62 years has been
appointed to fill a public office whereas the
retirement age is 60 years. Now, the
appropriate High Court has a right to issue a
Writ of quo-warranto against the person and
declare the office vacant.

23. ''UNIVERSITY OF MYSORE V. GOVIND
RAO'' (AIR 1965 SC 491)
• In this case requiremennts of quo warrant writ
are described.this writ can be issued in the
following conditions.
• When disputed post is public post.
• If the post is held by the person without legal
authority.

24. •DIFFERENCE BETWEEN
PUBLIC INTEREST
LITIGATION AND PRIVATE
INTEREST LITIGATION

25. PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION
It is attached to public interest at large. It is attached to interest of specific person
The main aim is to protect public interest. The main aim is to protect private interest.
The right and remedy does not depend upon
each other because remedy seeking person
does not fight for his own interest.
The right and remedy depends on each
other as the person suing have interest in
litigation for the enforcement of remedies.
Rule of locus standi is relaxed Rule of locus standi is followed.
It is prospective. It is retrospective.
The process is very simple, easy and cheap. The process is complicated , expensive and
delaying.
The evidence is narrow and free from
technicalities.
The evidence is strictly examined under it.
Here the case can not be withdrawn. The writ can be withdrawn.
The subject matter is generally of social and
national interest.
The subject matter is of private right.
The work and view of judges is very
important and related to national interest
and liability.
The work of judges is limited to examination
of evidences.

26. PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION
The applicant has not his own interest
and he does not struggles for himself.
Personal interest struggle for its own
benefit.
It can be presented by anybody whether
he has suffered or not . Other’s can also
file writ whether they have interest in
injured part or not.
The litigation is filed by interested or
aggrieved party only.

27. Thank you

28. References
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