WRITS - TYPES AND SCOPE

                                                               WRITS

• The Supreme court under article 32 and the high courts under article 226 can issue the writs of 

1. habeas corpus
2. mandamus 
3. prohibition
4. certiorari
5. quo-warranto

• the parliament under article 32 can empower any other court to issue these writs.

• the supreme court and the high courts can issue the writs and not any other court.

• before 1950, only the high courts of calcutta, bombay and madras had the power to issue the writs. article 226 now empowers all the high courts to issue the writs .

                                                       HABEAS CORPUS

• It is a Latin term which means ''to have the body of ''.
• It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it.
• the writs habeas corpus can be issued against both public authorities as well as private individuals.
• the writs is not issued where the 

1.  detention is lawful
2. the proceeding is for contempt of a legislature or a court
3. detention is by a competent court
4. detention is outside the jurisdiction of the court

                                                       MANDAMUS

• It literally means '' we command ''.
• It is a command issued by the court to a public official asking him to perform his official duties the he has failed or refused to perform.
• It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
• the writs cannot be issued 

1. against a private individual or body
2. to enforce departmental instruction that does not possess statutory force
3. when the duty is dicretionary and not mandatory
4. to enforce a contractual obligation
5. against the president of india or the state governors
6. against the chief justice of a high court acting judicial capacity

                                                           PROHIBITION

• It means '' to forbid ".
• It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
• Thus, 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 authority, legislative bodies, and private individuals or bodies.

                                                   CERTIORARI

• It means ''to be certified" or "to be informed".
• It is issued by higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.
• certiorari is both preventive as well as curative.
• the writ of certiorari could be issued only against judicial and quasi-judicial authorities and not against administrative authorities.
•  like prohibition, certiorari is also not available against legislative bodies and private individuals or bodies.

                                               QUO-WARRANTO

• It means'' by what authority or warrant''.
• It is issued by the court to enquire into the legality of claim of a person to a public office.
• It prevent illegal usurpation of public office by a person.
• 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.