The document discusses the right to constitutional remedies in India, which allows citizens to seek legal protection for fundamental rights through writs issued by the Supreme Court and High Courts. It details the five types of writs—habeas corpus, mandamus, prohibition, certiorari, and quo warranto—each serving specific purposes in enforcing these rights. Additionally, it contrasts the writ jurisdiction of the Supreme Court and High Courts, highlighting their powers and restrictions.

1. Writs-Types
and scope
Presented by : P.Nissy
Registration No :12224178

2. Right to constitutional remedies
Part III of the Constitution provides for legal remedies for the protection of
fundamental rights against their violation by the State or other institutions/individuals.
It entitles the citizens of India to move the Supreme Court or High Courts for the
enforcement of these rights. The State is forbidden from making any law that may
conflict with the Fundamental Rights.
Fundamental rights are the rights that grant individuals equality in every aspect
irrespective of race, colour, caste, religion, birthplace, or gender. These rights are
mentioned under Articles 12 to 35 of the Indian Constitution. There are pre-defined
punishments in case of violation of these rights upon the discretion of the judiciary.

3. Writs are a written order from the Supreme Court or High Court that
commands constitutional remedies for Indian Citizens against the violation
of their fundamental rights. Article 32 in the Indian Constitution deals with
constitutional remedies that an Indian citizen can seek from the Supreme
Court of India and High Court against the violation of his/her fundamental
rights. The same article gives the Supreme Court power to issue writs for
the enforcement of rights whereas the High Court has the same power
under Article 226. The writs- Habeas Corpus, Mandamus, Certiorari, Quo
Warranto, and Prohibition.
What is writ ?

4. Types of writs in india
The Supreme Court of India is the defender of the fundamental rights of
the citizens. For that, it has original and wide powers. It issues five kinds of
writs for enforcing the fundamental rights of the citizens. The five types of
writs are:
Habeas Corpus
1.
2. Mandamas
3. Prohibition
4. Certiorari
5. Quo Warranto

5. 1. Habeas Corpus
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This
writ is used to enforce the fundamental right of individual liberty against
unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders
one person who has arrested another person to bring the body of the latter
before the court.
The Supreme Court or High Court can issue this writ against both private and
public authorities.
Habeas Corpus can not be issued in the following cases:
When detention is lawful,
When the proceeding is for contempt of a legislature or a court,
Detention is by a competent court,
Detention is outside the jurisdiction of the court.

6. It is an order issued by the court to a person who has detained another, to
produce the body of the latter before it. The court then examines weather it
is illegal or legal if it is illegal that detained person free.
2. Mandamus
The literal meaning of this writ is ‘We command.’ This writ is used by the court to
order the public official who has failed to perform his duty or refused to do his
duty, to resume his work. Besides public officials, Mandamus can be issued
against any public body, a corporation, an inferior court, a tribunal, or
government for the same purpose.
The principle of locus standi is not necessary in case of habeas Corpus.

7. Unlike Habeas Corpus, Mandamus cannot be issued against a private
individual
Mandamus can not be issued in the following cases:
To enforce departmental instruction that does not possess statutory force
To order someone to work when the kind of work is discretionary and not
mandatory
To enforce a contractual obligation
Mandamus can’t be issued against the Indian President or State
Governors
Against the Chief Justice of a High Court acting in a judicial capacity
Locus standi is mandatory for Mandamus.

8. 3. Prohibition
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a
Prohibition writ against a court that is lower in position to prevent the latter from
exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs
inactivity.
Writ of Prohibition can only be issued against judicial and quasi-judicial
authorities.
It can’t be issued against administrative authorities, legislative bodies and
private individuals or bodies.
Locus standi applies here.

9. 4. Certiorari
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This
writ is issued by a court higher in authority to a lower court or tribunal ordering them
either to transfer a case pending with them to itself or quash their order in a case. It is
issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It
not only prevents but also cures for the mistakes in the judiciary.
Pre-1991: The writ of Certiorari used to be issued only against judicial
and quasi-judicial authorities and not against administrative authorities
Post-1991: The Supreme Court ruled that the certiorari can be issued
even against administrative authorities affecting the rights of individuals
It cannot be issued against legislative bodies and private individuals or
bodies.

10. 5. Quo Warranto
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’
Supreme Court or High Court issue this writ to prevent illegal usurpation of a public
office by a person. Through this writ, the court enquires into the legality of a claim of a
person to a public office.
Quo-Warranto can be issued only when the substantive public office of a permanent
character created by a statute or by the Constitution is involved.
It can’t be issued against private or ministerial office.

11. Article 32 also empowers Parliament to authorize any other court to issue these
writs
Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power
to issue the writs
Article 226 empowers all the High Courts of India to issue the writs
Writs of India are borrowed from English law where they are known as ‘Prerogative
writs’
General Facts about Writs in India:

12. Case studies
1. In Sheela Barse vs State of Maharashtra case:
the habeas Corpus writ petition was filed by the Sheela Barse a journalist. She
interviewed 15 women prisoners in police lockup in the city of Bombay in May.11.1982.
She finds 2 women were assaulted there, so she filed the petition. The court ordered
and directed Dr (Miss) A.R.Desai, Director of college of Social Work - to investigate it.
Finally it was proved and the officials were punished and certain safety measures were
taken to the safeguard of the women prisoners.
2. In the case Y.S.Raja Sekar Reddy vs Nara Chandra Babu Naidu a quo warranto
cannot be issued for dismissing the Chief Minister of a state on the reason of
non-performance of his constitutional duty.

13. 3. In the case Purushottam Lal vs State of Rajasthan quo warranto was filed
against the CM of Rajasthan stating that CM was not elected validly to the house.
The court rejects the petition stating that if the CM holds office without authority,
then it is breach of constitutional provision. The office of Chief Minister is created
by constitution, so member of assembly is not a purpose of office. Raising the
questions on the Election of Chief Minister in this writ is not a proper form it must
be raised through an election petition.
If a person who had no qualification was appointed as CM by the Governor under
the Article 164 of the Constitution which is unconstitutional, the governor cannot
be challenged. Because he had the discretionary power under Article 361 and the
appointment will be deserted by the High Court.

14. How Writ Jurisdiction of the Supreme Court Differs
from that of the High Court?
Writ jurisdiction by SC Writ jurisdiction by HC
1.To only enforce Fundamental
Rights
1.Enforce both Fundamental
Rights and legal rights
2.against any person or
government throughout the
country.
2.against any person or
government throughout the
state.
3.Article 32 is a fundamental right-
the Supreme Court may not refuse
to exercise its power to issue the
writs
3.Discretionary-May refuse to
exercise its power to issue writs

15. Thank you