WRIT PETITION

1. WHAT IS WRIT PETITION?

A writ petition is an application filed before a Court, requesting to issue a specific writ.

The Constitution of India provides various rights to the citizens of India. One of the most
essential rights for the intellectual and moral development of citizens of India are fundamental
rights. These rights are mentioned under Part – III of Indian Constitution including rights to
equality, right to freedom, right against exploitation, right to freedom of religion, cultural and
educational rights and right to constitutional remedies. Merely stating these rights under the
constitution and providing them to the citizens of India is not sufficient. It is required that these
rights should be protected. 

In order to protect these essential rights, Article 32 and Article 226 of the Indian Constitution
provides remedies and enforcement of rights mentioned under Part – III. Article 32 and Article
226 provides the right to move to the Supreme Court and the High Court respectively through
appropriate proceedings. This right can be availed by any person whose fundamental rights are
violated.

A writ means an order that is issued under an authority. Therefore, a writ can be understood as a
formal order issued by a Court.
 2. WHAT ARE DIFFERENT TYPES OF WRITS?

The Constitution of India, under Article 32 and Article 226, provides five types of writs to the
citizens of India. These writs have different meanings and applications. They are:

1. Habeas corpus

The term habeas corpus means ‘you may have the body of’. This writ can be used when a
person is illegally detained. By the use of this writ, the court directs the person detained to be
brought before the court to examine the legality of his detention.

A writ of habeas corpus can be filed under the following circumstances:

1. When a person is detained but is not produced before the magistrate within 24 hours
of arrest, excluding the time consumed in travelling.
2. When a person is arrested even when he has not violated any law.
3. When a person is arrested with a malafide intention. 

The writ of habeas corpus cannot be filed under the following circumstances:

1. When the person or authority against whom the writ of habeas corpus is filed is not
within the territorial jurisdiction of the court.
2. Where the detention of a person is in accordance with the law.

In the case of Sunil Batra vs Delhi Administration, 1980, the Supreme Court expanded the
scope of habeas corpus to the prisoners against inhumane treatment by the jail authorities. It was
held in this case, that the court has the power and responsibility to protect the prisoners against
this crude behaviour and can use habeas corpus writ to enforce in prison humanism.  

2. Mandamus 

The term mandamus means ‘we command’. It is generally a command which is issued by the
court to a public servant asking him to perform his duty, which he has failed to do so. The writ of
mandamus can also be issued against a corporation, an inferior court or a government body for
the same reason, i.e., they failed to perform their official duties.

There are certain circumstances under which writ of mandamus cannot be filed:

1. The writ of mandamus cannot be issued against the President of India and the
Governor of State. Under Article 361 of the Indian Constitution, the President and the
Governor of State do not have to answer any court for the performance of their official
duties.
2. The writ of mandamus cannot be issued against the judges of the High Court and the
Supreme Court for the non-performance of their duties in a judicial capacity.
3. The writ of mandamus cannot be granted against a private individual or private
organization.

3. Certiorari 

The term certiorari means ‘certified or to be informed’. It is generally issued by a higher court
to a lower court either to transfer the pending case to a higher authority or squash the judgement
passed. In the year 1991, the Supreme Court ruled that the writ of certiorari can also be issued
against administrative authorities if their judgements are violating the rights of an individual.

The writ of certiorari can be issued under the following conditions:

1. There must be a court that has the authority or have a legal right to act judicially.
2. If the judgement by any inferior court is against the laws mentioned under the
Constitution.
3. If the judgement given by a lower court contains an error.
 4. Prohibition 

The term prohibition simply means ‘to forbid’. The writ of prohibition can only be issued
against judicial and quasi-judicial authorities. This writ is generally not available against
administrative authorities and private individuals. 

It can be issued against a lower court or by a superior court to forbid the act which is performed
outside its jurisdiction at any stage of its proceedings.

5. Quo-warranto 

The term quo- warranto means ‘by what authority or by what warrant’. It is generally issued
by a court to enquire the legality or under what authority he is holding that office. It prevents the
illegal holding of a public office by any person.

The writ of quo- warranto cannot be issued against:

1. It cannot be issued against a minister to remove him from his position.

This writ cannot be issued in the case of a ministerial office or private office.  

Submitted by : Srishti (2nd year), Chanakya National Law University, Patna