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CIVIL SERVICES

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    About Writs

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    Posts : 28
    Join date : 2011-09-05
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    Location : Hyderabad

    About Writs

    Post  Admin on Tue Nov 01, 2011 11:38 pm

    Articles 32 and 226 of our Constitution empower anyone, whose rights are violated, to seek writs, Under Article 32; the Supreme Court can be moved for enforcement of fundamental right only. However, under Article 226. High Court can be moved for enforcement of any right including fundamental right.

    Depending upon circumstance, the various types of merits can be issued. Which are discussed below:

    Writ of Habeas Corpus

    The words ‘habeas corpus’ literally means ‘to have body. It is a remedy available to a person who is confined without legal justification. Through this writ, the court let it know the reasons for detention of the person and if there is no justification, order the authority concerned to set the person free. The writ of habeas corpus, thus, entails the authority to produce the person before the court. The applicant of this writ may be the prisoner or any person on his behalf to safeguard his liberty. It seeks immediate relief from unlawful detention whether in prison or private custody.

    Writ of Mandamus

    Mandamus literally means a command. This writ of command is issued by the Supreme Court of High court when any government, court, corporation or any public authority has to do a public duty but fail to do so. To invoke the performance of such duty this writ of mandamus is issued, It should be noted that it should not be discretionary duty of the authority which is challenged. It should be a compulsory one; the applicant too should have a legal right to enforce such performance. It may further be noted that this writ cannot be issued against President or the Governor.

    Writ of Prohibition

    Writ of Prohibition is issued by a superior court to subordinate court preventing latter from usurping the jurisdiction which is legally not vested in it. The writ lies in both for access of jurisdiction or absence of jurisdiction. It is generally issued before the trial of the case or during the pendency of the proceeding but before the order is made. It may be noted that this writ is available against judicial and quasi-judicial body.

    Writ of Certiorari

    If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ for a direction against such lower court or tribunal to ignore such decisions based on wrong jurisdiction. The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:

    a) Without or in excess of jurisdiction;
    b) In violation of the prescribed procedure;
    c) In contravention of principles of natural justice;
    d) Resulting in an error of law apparent on the face of record.

    The writs of prohibition and certiorari are of the same nature, the only difference being that the writ of prohibition is issued at an earlier stage, before the order is made and the writ of certiorari is available on a later stage i.e. after the order has been passed.

    Writ of Quo Warranto

    The term ‘Quo Warranto’ means “What is your authority”. Whenever any public office is held by any one not qualified to hold it, it can be challenged by this writ by any person. An order issued by the court to such an authority to explain under what valid grounds he is holding such a post. It is found on investigation that he is not entitled to be office; the court may restrain him from acting in the office and declare the office to be Vacant. The writ of quo-warranto to issue when:

    a) The office is public and of substantive nature
    b) The office is created by the State or by the Constitution itself; and
    c) The respondent must have asserted his claim to the office.
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