There are 5 Types Of Writs In Indian Constitution

Both the Supreme Court and High Courts have a lot of powers to provide justice and all those powers
are provided by The Indian Constitution. And to issue the writs, is one of the most important powers.
A writ is a command given by the court to a person or a authority or both to act or not to act in a
particular way. And as the writs are the commands given by the courts, they are essential parts of the
judicial power of the courts.

What Are Writs?

According to Article 32 of the Indian Constitution, Supreme Court of India can issue writs whereas
according to Article 226 of the Indian Constitution, High Courts can issue writs.

Types of Writs:
1. Habeas Corpus: Literal meaning of Habeas Corpus is 'to have the body of'. This type of writ
is used when unlawful detention has occurred to enforce the fundamental right of individual
liberty. When this writ is issued, a person or a authority who has arrested a another person
has to bring that another person before the court.
Rules for Habeas Corpus:
a. The applicant should be in a custody of other,
b. Family members can file an application or stranger can also file application in public
interest,
c. Formal or Informal application can be filed,
d. Same application cannot be made successively to different judges of same court,
e. All or part of formalities and procedures should not be followed by police while
making the arrest, etc.

Example: Himesh was making threats to Hina, so father of Hina, who is a police officer
arrested Himesh and imprisoned him. Hina's father didn't filed FIR and did not follow the
procedure to arrest Himesh. So Himesh is wrongfully detained. Hrithik who is a brother of
Himesh filed an application in the respective court and by issuing the writ of Habeas Corpus,
court set Himesh free.

2. Literal meaning of Mandamus is 'we command.' This type of writ is used when a
Mandamus:
 public official or public body or corporation or lower court or tribunal or even the
government has not done the needed duty or refused to do. After this writ is issued, the duty
needs to be resumed.
Grounds for Mandamus:
a. Petitioner must have a right recognized by law
b. Infringement of the right must be done,
c. Petitioner must demand the authority to perform the duty and non-performance of the
duty must be present,
d. Other remedy must be absent,
e. Petitioner must prove that a duty is owed to him and authority has not performed the
duty,
f. The non-performed duty must be mandatory duty, etc.
Example: Apeksha has a right to live life with dignity. And Electricity board has a duty to
provide her electricity but the board intentionally didn't provide her with the electricity and
refused to do the duty. Apeksha filed a suit and by issuing the writ of Mandamus, court
ordered the board to supply the electricity to Apeksha.

3. Prohibition:
Literal meaning of Prohibition is 'to forbid.' This type of writ is used when a court which is in
lower position i.e., the lower court exceeds its jurisdiction or un pursue a jurisdiction which is
not possessed by it.
Rules of Prohibition:
a. Lower court or tribunal should overstep its jurisdiction,
b. Lower court or tribunal goes against law,
c. If lower court or tribunal partly acting in jurisdiction and partly outside the
jurisdiction, Prohibition will be issued against the act which is partly outside the
jurisdiction,
d. Proceeding must be pending in the lower court or tribunal,
e. Application should be made against judicial or quasi-judicial body only, etc.
Example: Sameer and Shahid made a contract in which Shahid decided to sell his land to
Sameer for 2 cr. Rupees. And Sameer failed to pay the amount on time, so Shahid brought a
suit in the Pune District Court. But the contract was made in Thane, both lived in Mumbai
and Land was in Aurangabad. So, the Pune district court has no jurisdiction over the case.
And High court, by issuing the writ of Prohibition, can order the Pune District Court to forbid
the pending suit.

4. Certiorari:
 Literal meaning of Certiorari is 'to be certified' or 'to be informed.' This type of writ is used
when a transfer of case which is pending in the lower courts or the order given by lower
courts in a case needs to be quashed. This writ is issued on the basis of an excess of
jurisdiction or lack of jurisdiction or error of law. After this writ is issued, mistakes in the
judiciary are cured.
Grounds of Certiorari:
a. Overstepping or abuse or absence of jurisdiction should be present by lower courts,
b. Violation of principles of natural justice can be present,
c. Some error of law can be present, etc.
Conditions of Certiorari:
d. The body or person should have legal authority.
e. Authority should be related questions affecting the rights of people,
f. Body or person has a duty to act judicial while functioning,
g. Person or body has acted in excess of their jurisdiction or legal authority, etc.
Example: There is a case in District Court, and the court lacks jurisdiction to hear such
matters. But the District Court Judge hears the case and renders his ruling, and Jennie who
was affected by the order passed, makes a petition in the High Court. As a result of the power
to issue Writs, the High Court will issue a writ of Certiorari on the District Court's order, and
the District Court's order will be quashed.

5. Quo-Warranto:
Literal meaning of Quo-Warranto is 'by what authority or warrant.' This type of writ is used
when an illegal usurpation of a public office by a person is done. After this writ is issued, the
legality of a claim of a person to office is enquired.
Conditions of Quo-Warranto:
a. Office which is wrongfully assumed by private person should be a public office,
b. Office should be created by constitution or other statute,
c. Duties of office should be public duties,
d. Office should be permanent,
e. Application should be made against a person who is in possession of office and uses
the office,
f. Office should not be of private nature, etc.

Example: Sanjana is a private citizen. She has no qualifications that are required for the post
of RTO officer. Although, assumes such office. Here a Writ of Quo Warranto can be issued
against Sanjana to call into question her authority on which she has taken the control of the
office RTO officer.
Conclusion:
There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and
Prohibition and all these writs are an effective method of enforcing the rights of the people and to
compel the authorities to fulfil the duties which are bound to perform under the law.

What is Writ?
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.
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:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
Aspirants should go through these writs one-by-one as all of these are important for UPSC prelims
and UPSC Mains and can help score well if understood with clarity.
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.
Facts about Habeas Corpus in India:
 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
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.
Facts about Mandamus in India:
 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
For more on the writ of mandamus, click on the linked article.
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.
Facts about Prohibition in India:
 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.
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.
Facts about Certiorari in India:
 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.
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
Facts about Quo-Warranto in India:
 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
Note: This writ gives the right to seek redressal to any individual other than the aggrieved person.