Mains Daily Question
Jan. 10, 2024

Q.1  Writs stand as vigilant guardians of justice, wielding the power to safeguard individual liberties and ensuring the supremacy of constitutional principles. In light of the statement, highlight different types of writs provided in the Constitution of India. (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with simple definition of Writs

Body:

Heading 1: Write each writ separately in a heading

Conclusion: Conclude with your key remarks on importance of Writs

 

Answer

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. The Constitution of India grants the power to issue writs to the Supreme Court under Article 32 and to the High Courts under Article 226.  Writs are essential tools for the judiciary to enforce the fundamental rights guaranteed by the Constitution. 

 

Different types of writs as provided in the Constitution of India:

 

    • Habeas Corpus: "To have the body." It is a writ used to safeguard an individual's liberty against unlawful detention or imprisonment. If a person is arrested without proper legal authority, a writ of habeas corpus can be filed to bring the detainee before the court and determine the lawfulness of their detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals. 

 

  • Additional info:

 

The writ, on the other hand, is not issued where the 

(a) detention is lawful

(b) the proceeding is for contempt of a legislature or a court

(c) detention is by a competent court 

(d) detention is outside the jurisdiction of the court.

 

    • Mandamus: "We command." It is a writ issued to compel a public official or a public body to perform a duty that they are legally obligated to do. If a government official refuses to perform a duty assigned by law, a mandamus can be sought to compel them to fulfill their obligation.

 

  • Additional info:

 

The writ of mandamus cannot be issued:-

(a) against a private individual or body

(b) to enforce departmental instruction that does not possess statutory force

(c) when the duty is discretionary and not mandatory

(d) to enforce a contractual obligation

(e) against the president of India or the state governors

(f) against the chief justice of a high court acting in judicial capacity.

 

    • Prohibition: “To forbid”. This writ is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority.If a lower court tries to hear a case that is not within its jurisdiction, a writ of prohibition can be sought to stop it from proceeding.

 

  • Additional info:

 

Unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and quasi judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

 

    • Certiorari: "To be certified." It is a writ used by a higher court to either transfer a case pending with the latter to itself or  quash the order of a lower court or tribunal when there is an error of law on the face of the record. If a lower court makes a decision that is contrary to the legal principles, a certiorari can be filed to have the decision reviewed and set aside.

 

  • Additional info:

 

Unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting rights of individuals. Like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.

 

    • Quo Warranto: "By what authority." This writ is issued to inquire into the legality of a person holding a public office and to challenge their authority to hold that office.If there is doubt about the eligibility or qualifications of a person holding a public office, a quo warranto can be filed to question their right to hold that position.

 

  • Additional info:

 

The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person.

 

Therefore, writs in India serve as indispensable instruments in upholding justice, protecting fundamental rights, and maintaining the rule of law. These legal remedies, ranging from habeas corpus to quo warranto, empower the judiciary to intervene swiftly and decisively in cases of constitutional violations or administrative overreach. The availability of writs not only acts as a safeguard for individual liberties but also ensures accountability in the functioning of government officials and bodies. 

 

Subjects : Polity
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