Types of Writs In Indian Constitution and Tricks to Remember Them

Types of Writs – What are Writs?

The High Court and Supreme Court of India have the power to issue writs in the nature of habeas corpus, quo warranto, certiorari, mandamus, and prohibition under Article 226 and 32, respectively. These writs have been borrowed by India from England. Power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.
In this article, we have provided the complete list of writs, meaning of writs, use of writs, issued against which authority and tricks to remember them.

Types of Writs – What are Writs?

Types of Writs in India

Different Writs of Constitution of India
Name of the Writ	Meaning of the Writ	Use of the Writ	Issued Against
Habeas Corpus	You may have the body	To release a person who has been detained unlawfully whether in prison or in private custody	Public officials as well as private persons
Mandamus (also called ‘Writ of Justice’)	We command	To secure the performance of public duties by lower court, tribunal or public authority	Public authority, judicial bodies, quasi-public authority to perform the legal duty
Certiorari	To be certified or to be fully informed of	To quash the order already passed by an inferior court, tribunal or quasi-judicial authority	Inferior court, tribunal
Prohibition	To prohibit	To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try	Judicial authorities, administrative authorities, quasi-judicial authorities
Quo Warranto	What is your authority?	To restrain a person from holding a public office which is not entitled	Substantive public authority only

Here is a further explanation of the type of writs:

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 cannot 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 cannot 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

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

Some Important Facts About Writs in India

Article 32 empowers Parliament to authorize any court to issue the above writs
Before 1950, only the High Court of Calcutta, Bombay, and Madras had the power to issue the writs
Article 226 empowers all the High Court of India to issue the writs
Writs of India are borrowed British law where they are known as ‘Prerogative Writs’

Trick to Remember Writs of Indian Constitution in English

CPM HQ (Head Quarter)

‘C’ stands for Certiorari

‘P’ stands for Prohibition

‘M’ stands for Mandamus

‘H’ stands for Habeus Corpus

‘Q’ stands for Quo Warranto

Trick to Remember Writs of Indian Constitution in Hindi

हाँ मैंने पढ़ाई से प्यार कियो!

हाँ (ha) – Habeas Corpus

मैंने (man) – Mandamus

सै (ce) – Certiorari

प्यार (pr) – Prohibition

कियो (quo) – Quo-Warranto

How Writ of Jurisdiction of the High Court is different from that of Supreme Court?

Where Article 32 of the Indian Constitution empowers the Supreme Court to issue writs; Article 226 empowers the High Courts of India. However, there are a few differences between the writ jurisdiction of both the courts which are given in the table below:

Difference	High Court	Supreme Court
Purpose	To enforce fundamental rights but also for other purposes (The expression ‘for any other purpose’ refers to the enforcement of an ordinary legal right)	To only enforce fundamental rights
Territorial Jurisdiction	Against a person residing, government or authority located within its territorial jurisdiction only Or Outside its territorial jurisdiction only if the cause of action arises within its territorial jurisdiction	Against a person or government throughout the territory of India
Power	Discretionary-May refuse to exercise its power to issue writs	Article 32 is a fundamental right- the Supreme Court may not refuse to exercise its power to issue the writs