Writ Jurisdiction in simple language

1. Writ Jurisdiction under the Indian Constitution

2. The Judiciary
• The Supreme Court can issue a writ against any person or
government within the territory of India.
• SC can issue writ to enforce fundamental rights.
• SC issues writ under Art. 32 which in itself is a fundamental
right thus SC cannot refuse to exercise its writ jurisdiction.
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3. The High court
• High court can issue writs against a person residing or against
a government located within its territorial jurisdiction or if the
cause of action arises within its territorial jurisdiction.
• HC can issue writ to enforce fundamental rights and for any other
purpose.
• Whereas Art. 226 is discretionary thus HC can refuse to exercise
its writ jurisdiction.
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4. Types of Writs
i. Habeas corpus
ii. Mandamus
iii. Prohibition
iv. Certiorari
v. Quo-warranto
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5. HABEAS CORPUS
• The words ‘Habeas Corpus’ literally mean “to have the body’’.
• If a person is detained whether in prison or private custody
without any justification for detention then he himself or through
his representative may seek relief under this writ.
• The SC or HC will then issue this writ to produce the person who
has been detained before a court and to release him if such
detention is found illegal.
• This writ is issued in order to protect individual liberties against
state and other individuals.
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6. MANDAMUS
• Mandamus means ‘we command’.
• It is issued when a public official or a person holding a public
office has failed to perform his/her public or statutory duty.
• Mandamus can be issued against any public authority.
• But it cannot be issued against the President or the Governor of a
state for the exercise of their duties and power.
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7. PROHIBITION
• A writ of prohibition is issued to an inferior court preventing it from
assuming jurisdiction which is not legally vested in it.
• When a tribunal or lower court acts without or in excess of
jurisdiction this writ can be demanded.
• It is generally issued before the trial of the case or during
pendency of proceeding, but never after the order is made.
• While mandamus commands activity, prohibition commands
inactivity, it is available only against judicial or quasi-judicial
authorities and is not available against a public officer.
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8. CERTIORARI
• The writ of certiorari can be filed to HC or SC if a subordinate
court;
• i. acts without or in excess of jurisdiction or
• ii. acts in contravention of the rules of natural justice or
• iii. Commits an error apparent on the face of the record.
• Although the object of both the writs of prohibition and of certiorari
is the same, prohibition is available at an earlier stage whereas
certiorari is available at a later stage when the order is made.
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9. QUO-WARRANTO
• The term ‘quo-warranto’ means ‘what is your authority’.
• If a public office is held by any one not qualified to hold it, it can be
challenged by any person.
• Under this writ, the person is ordered by the court to explain
under what valid grounds he is holding such a position.
• If it is found on investigation that he is not entitled to the office, the
court may restrain him from acting in the office and order to
vacate the office.
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10. Thank You
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