Writs In Indian Constitution: Meaning, Types, Provisions-UPSC Notes

The writs in the Indian Constitution are a form of a written order given by the executive or the court that instructs the person or power to perform or abstain from performing a certain action. There are altogether 5 writs which are issued in India, they are Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto. In case the fundamental rights of individuals are being violated, they get a right to approach the Supreme Court or a high court by filing a petition about it so as to take the appropriate course of law to enforce their fundamental rights. Both the Supreme Court of India and the High Courts in India are vested with the powers to issue writs in order to protect the Fundamental rights of the Indian Constitution as enshrined in Articles 32 and 226, respectively.

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The writs in the Indian Constitution are powerful legal remedies. The Indian Constitution has very effective writs. They safeguard the citizens against abuse of authority. These writings assist in enforcing fundamental rights. Article 32 and Article 226 of the Indian Constitution refer to the writs. They give powers to the Supreme Court and the High Courts. All those who aspire to attain the UPSC should understand the meaning and application of these writs. Writs of the Indian Constitution are also necessary as far as exams are concerned and as a citizen of the country. These writs demonstrate the supremacy of the judiciary in this country.

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Writs are written orders issued by the Supreme Court or a High Court directing Indian citizens to pursue constitutional remedies when their fundamental rights have been violated. By Article 32 of the Indian Constitution, a citizen of India may petition the Supreme Court of India and the High Court for constitutional remedies if their fundamental rights have been violated. The Supreme Court has the authority to issue writs to enforce rights under the same article, whereas the High Court has the same jurisdiction under Article 226.

Writs in the Indian Constitution are judicial orders. They act to protect citizens' rights. There are 5 writs in the Indian Constitution. These are Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. All writs play a special part in law. They offer justice to all. Writs may be submitted in the High Courts or the Supreme Court. Writs achieve quick relief in urgent cases. The writs are indispensable for upholding individual freedoms. They are an integral part of the law.

Article 32 and Article 226

Article number 32 entitles the right to consult the Supreme Court.

• Dr. B.R. Ambedkar refers to it as the heart and soul of the Constitution.
• It enables the Supreme Court to grant writs in order to enforce the Fundamental Rights.
• High Courts have the power to pass writs under Article 226.
• High Courts may also use other writs instead of Fundamental Rights.

Key Points:

• The writs that are issued in the Supreme Court are only meant to enforce Fundamental Rights.
• Even legal rights, the High Courts may deliver writs.
• The two courts are critical in the delivery of justice.
• Such articles are useful in regulating random and malicious acts of publicly elected officials.

Also, read National Investigation Agency for UPSC here.

Difference Between Article 32 and Article 226

Both articles enable courts to issue writs of the Indian Constitution, but there is a difference between them.

Writs Of the Indian Constitution

Indian jurisprudence considers five types of writs, which have different functions in defending personal rights and providing the appropriate work of the governmental institutions. Such writs are how the courts are able to intervene in an event where the government and its agencies commit unlawful acts or omissions.

Habeas Corpus

Habeas Corpus is a Latin phrase, which translates to the meaning, to have the body. This writ is an order by a court to an individual who has been detaining a person, ordering him to bring the person detained to court. The court will then look at the cause and the authenticity of the detention. In case the detention is deemed as unlawful, then the court will order the person who is detained to be released immediately. The Habeas Corpus may be directed to a public official and a citizen subject to court action.

The writ of Habeas Corpus, however, will not be granted where:

• The arrest is legal.
• The criminal action is under contempt of a legislature or a court,
• The arrest is granted by a proper court.
• The jailing does not fall within the jurisdiction of the court.

Mandamus

Mandamus is the word that means we command. It is a judicial order given to a state official, which makes the official carry out a duty that the officeholder has a legal charge of performing but has fallen short of or refused to conduct. This is also the kind of writ that can be issued to the bodies in society, the corporations, the lower courts, the tribunals or the government agencies to make sure that the government bodies are performing official duties.

But the following cases cannot lead to the issuance of a Mandamus:

• On a personal or a special-purpose company.
• To carry out the directions of departments that are not statutory,
• In which the obligation is somewhat optional and not compulsory.
• To implement a contractual claim,
• With regard to the President of India and the state governors.
• On the one hand of the chief justice of a high court in a judicial capacity.

Prohibition

Prohibition is a Latin word that means: to forbid. This is a writ given by a superior court to a minor court/ tribunal, which prohibits it from exercising its power or jurisdiction that it does not have. Whereas the former called Mandamus imposes authority to act, the latter, called Prohibition, specifically requires a particular authority to desist and avoid continuing proceedings which it has no jurisdiction to do.

• A writ of Prohibition can be issued against the judicial and quasi-judicial authorities.
• It is not applicable against administrative institutions, legislative organs, and individual or organizational practice.

Certiorari

Certiorari means “to be certified” or “to be informed.".Certiorari is Latin, and it has a meaning different than others. Certiorari has the meaning of certification or to be informed. This is the writ issued by a superior court against an inferior court or tribunal, either to reassign a case to it or to overturn the ruling arrived at by the lower authority. It is published based on the excess or absence of jurisdiction, an error in the observation of the law. Unlike Prohibition, which merely deters efforts to do it in the future, Certiorari may be both Preventive and corrective, dealing with past mistakes before the law.

• In the beginning, the Certiorari was granted only against judicial and quasi-judicial authorities. The Supreme Court, however, in a ruling in 1991, gave it a wider scope, and it could be handed out to administrative authorities who affect the rights of individuals.
• Certiorari, like Prohibition, can not be applied against a legislative body and against private persons and groups.

Quo-Warranto

Quo Warranto means "by what authority or warrant." Quo Warranto is a Latin expression that translates to mean by what authority or warrant. This is a legal document issued by a court to investigate the claim by an individual to hold a position in a government office as being legal. It is used to bar the illegal holding of a civil post by a person lacking adequate legal legitimacy.

• The writ can issue only on a substantive, permanent nature, law or constitutionally established office of office.
• It ceases to be applicable in the ministerial or private office.

Check out NCERT Notes for UPSC here.

Real-Life Cases on Writs of the Indian Constitution

• ADM Jabalpur vs Shivkant Shukla (1976): It is referred to as the Habeas Corpus case. Some individuals had been arrested without trial during the Emergency. The Supreme Court decided that even the right to life could be put on suspension. It has received severe criticism and has been perceived to be a black mark in civil liberty.

• Maneka Gandhi vs Union of India (1978): The passport of Maneka Gandhi was confiscated without any grounds. She submitted a writ petition under Article 32. The court also broadened the interpretation of Article 21, stating that personal liberty is accompanied by the freedom to leave the country. This case formed a landmark in the expansion of Fundamental Rights.

• Rudul Sah vs State of Bihar (1983): A declaration was made that Rudul Sah would remain in prison in spite of his exoneration. The Habeas Corpus was writ by the Supreme Court. It not only ordered him to be released but conferred compensation. This case indicated that courts were able to grant damages under unlawful arrest.

• PUDR v Union of India (1982): This is the case in which a writ under Article 32 was filed in the interest of the people. It confronted the infringement of labour law on the building sites. The court issued mandamus, and it was said that failure to pay minimum wages was a failure to respect Article 21. It enhanced the right to a dignified life.

• Ashok Kumar Yadav vs State of Haryana(1985): Writ of Quo Warranto was provided against the appointment of unqualified candidates. They were appointed to the Public Service Commission court abolished the appointments. It provided that only eligible persons can be appointed to hold posts in the government.

These cases prove the value of writs in Indian Constitution in protecting citizens.

Read the NCERT Notes on the Indian Council Act of 1861 here.

Role of the Judiciary in Safeguarding Writs

The protection of writs through the judicial system involves the government's actions taken according to the Constitution, writ issuance in defence of the citizens' rights, and prohibition of the abuse of power through the timely application of legal remedy and judicial review.

Judicial Activism:

• Courts actively protect the Constitution.
• They issue writs even in public interest cases.
• PIL (Public Interest Litigation) is one such example.

Power of Courts:

• They act as watchdogs.
• They keep the government accountable.
• They make sure no one misuses power.

Eligibility to File a Writs Petition 

Indian citizens can initiate a writ petition when their fundamental rights are violated. This legal document is issued by a court to instruct a person to either carry out a specific action or refrain from a particular activity. To file a Writ Petition in India, the aggrieved party must approach a court with writ jurisdiction and present their case. This right is available to all citizens. While there is no strict time limit for filing Writs in India, there should be a compelling justification for any delay.

• Indian citizens can file writs for violation of Fundamental Rights under Article 32 and Article 226.
• Foreigners can file writs to guarantee rights (like Article 21 – Right to Life).
• A third party (like a friend, relative, or NGO) can file on behalf of a victim, especially in cases like Habeas Corpus.
• Public Interest Litigations (PILs) allow any concerned citizen to file writs in matters of public concern.

Also, check the Right To Equality Article 14 to 18 of the Indian Constitution here.

Conclusion

The writs inthe Indian Constitution are strong legal tools to protect people's rights. The Indian Constitution can use the writs as powerful legal means of securing the rights of people. They prevent the abuse of office by the government. These writs help to make sure that no one remains above the law. The provisions in the writs of the Indian Constitution empower the courts to be expeditious and just. They advocate fairness, freedom, and equal rights for all citizens. This is a very crucial topic as far as UPSC and other examinations are concerned. It is an indication of how the judiciary protects democracy and the rule of law. All citizens should be familiar with these writs in order to protect their rights.

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