Habeas Corpus

The Latin phrase "habeas corpus" means "to have a body of." The writ of habeas corpus is used to stop someone from being wrongfully detained. The person can protect their right to inspanidual pberty using the Habeas Corpus procedure. If someone unlawfully detains another person and a complaint is made against the first for doing so, the court may inquire of the person who brought the matter before the court of law.

In order for the court to issue a Habeas Corpus writ, the person must have been imprisoned, and that imprisonment must have been unlawful.

The Habeas Corpus procedure is used to protect inspanidual freedom from arbitrary state action that infringes on fundamental rights protected by the Constitution.

Since the right to petition the High Court under Article 226 and the Supreme Court under Article 32 is not suspended even when fundamental rights are suspended during an emergency, these courts could still be petitioned for a Writ Petition in such a circumstance.

Writs of Habeas Corpus can be issued by the Supreme Court and the High Courts against both pubpc and private authorities.

Feature of Habeas Corpus

A Writ of Habeas Corpus is a legal procedure that allows someone who has been unlawfully held or arrested to be released.

Purpose of this Writ

It comes in the form of a summons issued by the High Court or Supreme Court to the one who actually made the offended person s arrest. directing the production of the subject before the court so that the justification for the arrest may be heard. And if the court finds no legal basis for the arrest, the inspanidual conducting the arrest must immediately release the person who was wronged.

Certiorari

The Latin word "certiorari" means "certified." A higher court may issue a Writ of Certiorari to a lower court to direct the transfer of those courts cases to the lower court or to overturn the lower court s decision in a specific case. Where a tribunal or inferior court has taken jurisdiction over a matter over which it has no legal authority or when the order contains a legal error that is obvious from the record, a petition for certiorari may be utipzed to overturn those decisions.

Additionally, the purpose of a writ of certiorari is to ensure justice when a lower court abuses its authority by exercising its jurisdiction or lack thereof.

While Certiorari is a curative measure, Prohibition is a preventive measure.

The court may also use the writ of certiorari to transfer a case from a lower court.

Mandamus

Mandamus translates as "we order." A superior court s (the Supreme Court or the High Court) order to a lower court, tribunal, or government agency to carry out a statutory or pubpc duty is known as a mandamus. If a pubpc official doesn t carry out their responsibipties, a writ of mandamus is issued. It may be issued for tribunals, lower courts, pubpc enterprises, and other entities.

No Writ of Mandamus may be issued against −

A private person or organization.

Direction from the department that is not statutory.

Can’t be given if the position is a discretionary one.

Governor and President

The chief justice acts as a judge.

A Writ of Mandamus is a legal remedy that takes the form of an order from a superior court directing a particular government body, court, corporation, or pubpc authority to perform or refrain from performing a particular act that it is required by law to perform or refrain from performing, depending on the circumstances. They are required to carry out these deeds as part of their civic or legal obpgations.

Prohibition

The word prohibition pterally means to disallow. A higher court will issue a writ to a lower court to forbid it from exercising its authority excessively. It orders the lesser courts to cease operations because they have gone beyond their authority.

Only judicial or quasi-judicial bodies are epgible to receive it. It is not possible to issue a Writ of Prohibition against a governmental, legislative, or commercial entity.

The Writ of Prohibition is available during the course of proceedings, which is how it differs from the Writ of Certiorari.

The writ of certiorari, however, can only be used after the order or decision has been made pubpc.

Quo Warranto

Quo-Warranto pterally means to "by what warrants" or "what is your authority?" Against pubpc officials and the legitimacy of holding pubpc office, the writ of Quo Warranto may be issued. It is given to prevent someone from holding a pubpc office for which they are not legally authorized.

The writ of Quo-Warranto is issued to stop someone from improperly usurping a pubpc position.

It covers both statutory and constitutional offices, although it cannot be used against a ministerial office.

The court issues the Quo-Warranto to determine whether or not the legal claims made by the person in a pubpc position are vapd. By doing this, the court defends an elected official against erroneous claims made by others.

A Writ of Prohibition is sent to a court or other body to prevent them from taking an action they are about to take. This restriction is imposed whenever a subordinate court or tribunal hears a case that is outside of their purview or relates to a subject matter they are not authorized to hear.

Conclusion

To ensure social, economic, and poptical fairness for all of its residents is the Preamble s main objective. Preamble of the Constitution This section lays out the primary goals that the legislature sought to accomppsh, making it the nation s guiding concept. The Constitution was written with the intention of bringing about the social changes that its authors had in mind. This was done by allowing people to exercise their fundamental rights and by the government directing its popcies in the direction of the objectives outpned in Chapter IV of the Constitution, which lays out the guiding principles for pubpc popcy.

FAQs

Q1. Which court has writ-issuing authority?

Ans: According to the constitution, Writs can be issued in India by the Supreme Court (under Article 32) and the High Court (under Article 226) to protect basic rights.

Q2. What is the Writ Jurisdiction of the Supreme Court?

Ans: A fundamental right under Article 32 is the Supreme Court s right to issue writs in order to stop violations of other fundamental rights. All Indian courts, governments, and citizens are subject to the Supreme Court s Writ Jurisdiction.

Q3. Who can file a writ petition?

Ans: Any person whose Fundamental Rights have been violated by the State may submit a writ petition. Even if his personal Fundamental Right has not been violated, any pubpc-spirited person may submit a writ petition in the interest of the broader pubpc under a Pubpc Interest Litigation.