WRITS IN THE INDIAN CONSTITUTION
Complete Notes for Competitive Exams (Home Academy)
Introduction
A Writ is a written order issued by a court directing a person, authority, government, or lower court to perform or stop performing a specific act.
The power to issue writs is one of the strongest safeguards for protecting the Fundamental Rights of citizens.
Dr. B.R. Ambedkar called the Right to Constitutional Remedies (Article 32) the "Heart and Soul of the Indian Constitution."
Constitutional Provisions
| Article | Court | Purpose |
|---|---|---|
| Article 32 | Supreme Court | Protection of Fundamental Rights |
| Article 226 | High Courts | Protection of Fundamental Rights + Other Legal Rights |
Article 32
Guarantees the Right to Constitutional Remedies.
Citizens can directly approach the Supreme Court.Supreme Court can issue writs.
Available only when Fundamental Rights are violated.
It is itself a Fundamental Right.
Important Facts
Located in Part III
Called the Heart and Soul of the Constitution.Coined by Dr. B.R. Ambedkar
Article 226
High Courts can issue writs for:
Fundamental Rights
Legal RightsStatutory Rights
Constitutional Rights
Hence, Article 226 has wider jurisdiction than Article 32.
Difference Between Article 32 and Article 226
| Article 32 | Article 226 |
|---|---|
| Supreme Court | High Court |
| Fundamental Right | Constitutional Power |
| Only Fundamental Rights | Fundamental + Legal Rights |
| Entire India | Within Territorial Jurisdiction |
| Narrower Scope | Wider Scope |
Types of Writs
There are Five Writs
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo Warranto
1. Habeas Corpus
Meaning
Latin word meaning
"You may have the body."
It orders that an arrested person be produced before the court.
Purpose
Protects personal liberty against illegal detention.
Issued Against
Police
Government
Private person illegally detaining someone
Not Issued When
Detention is lawful.
Competent court has ordered detention.
Person is outside court jurisdiction.
Example
Police arrests a person without following legal procedure.
Court orders police to produce the person immediately.
Important Points
Most important writ.
Protects Article 21.
Can be filed by relatives or friends.
2. Mandamus
Meaning
Latin word meaning
"We Command."
Court commands a public authority to perform its legal duty.
Purpose
Ensures public officials perform duties assigned by law.
Issued Against
Government
Public officers
Public corporations
Tribunals
Lower courts
Cannot Be Issued Against
President of India
Governor
Private individuals
Chief Justice acting in judicial capacity
Example
Municipality refuses to issue a legally valid birth certificate.
Court orders municipality to perform its duty.
Important Points
Means "Command."
Used only against Public Authorities.
Cannot compel discretionary duties.
3. Prohibition
Meaning
Latin word meaning
"To Forbid."
Higher court orders a lower court to stop proceedings.
Purpose
Stops lower courts from exceeding jurisdiction.
Issued By
Supreme Court
High Court
Issued Against
Lower Courts
Tribunals
Cannot Be Issued Against
Administrative authorities
Private bodies
Example
A civil court starts hearing a criminal case.
High Court prohibits further proceedings.
Important Points
Issued Before judgment.
Preventive writ.
4. Certiorari
Meaning
Latin word meaning
"To Be Certified" or "To Be Informed."
Higher court quashes an illegal order of a lower court.
Purpose
Corrects judicial errors.
Issued Against
Lower Courts
Tribunals
Judicial Authorities
Example
Tribunal gives judgment without jurisdiction.
High Court cancels the order.
Important Points
Issued After judgment.
Curative writ.
Can quash decisions.
Difference Between Prohibition and Certiorari
| Prohibition | Certiorari |
|---|---|
| Before judgment | After judgment |
| Stops proceedings | Quashes decision |
| Preventive | Corrective |
5. Quo Warranto
Meaning
Latin word meaning
"By What Authority?"
Court asks a person under what authority they hold a public office.
Purpose
Prevents illegal occupation of public office.
Issued Against
A person occupying public office illegally.
Conditions
Office must be public.
Office must be created by Constitution or law.
Office should be substantive.
Appointment must violate law.
Example
A person becomes State Information Commissioner without required qualifications.
Court asks under what authority he holds the office.
Important Points
Prevents illegal appointments.
Anyone can file.
Personal interest is not necessary.
Summary Table of Writs
| Writ | Meaning | Purpose |
|---|---|---|
| Habeas Corpus | Produce the Body | Protect personal liberty |
| Mandamus | We Command | Perform public duty |
| Prohibition | To Forbid | Stop lower court proceedings |
| Certiorari | To Be Certified | Quash illegal order |
| Quo Warranto | By What Authority | Prevent illegal occupation of office |
Against Whom Can Writs Be Issued?
| Writ | Against |
|---|---|
| Habeas Corpus | Government, Police, Private Person |
| Mandamus | Public Authorities |
| Prohibition | Lower Courts |
| Certiorari | Lower Courts & Tribunals |
| Quo Warranto | Public Office Holder |
Against Whom Mandamus Cannot Be Issued
President of India
Governor
Private Individuals
Private Companies (unless performing a public duty)
Chief Justice acting judicially
Important Supreme Court Judgments
1. A.K. Gopalan v. State of Madras (1950)
Personal liberty under Article 21.
2. Maneka Gandhi v. Union of India (1978)
Expanded the meaning of Article 21.
Procedure must be fair, just and reasonable.
3. ADM Jabalpur v. Shivkant Shukla (1976)
Habeas Corpus during Emergency.
Later effectively overruled in constitutional jurisprudence.
4. Justice K.S. Puttaswamy v. Union of India (2017)
Right to Privacy declared a Fundamental Right under Article 21.
Previous Year Exam Facts
Number of Writs = 5
Article 32 = Supreme Court
Article 226 = High Court
Heart and Soul = Article 32
Coined by = Dr. B.R. Ambedkar
Habeas Corpus protects = Personal Liberty
Mandamus = We Command
Prohibition = Before Judgment
Certiorari = After Judgment
Quo Warranto = Public Office
Home Academy Exam Booster
One-Line Revision
Article 32 → Supreme Court → Fundamental Rights.
Article 226 → High Court → Fundamental + Legal Rights.
Habeas Corpus → Illegal Detention.
Mandamus → Public Duty.
Prohibition → Stop Proceedings.
Certiorari → Quash Order.
Quo Warranto → Illegal Public Office.
Article 32 = Fundamental Right.
Article 226 = Wider than Article 32.
Dr. B.R. Ambedkar called Article 32 the "Heart and Soul" of the Constitution.
Competitive Exam Quick Revision (Home Academy)
Total Writs: 5
Articles: 32 (Supreme Court), 226 (High Courts)Part of Constitution: Part III (Article 32)
Most Powerful Writ: Habeas Corpus
Preventive Writ: Prohibition
Corrective Writ: Certiorari
Command Writ: Mandamus
Office-related Writ: Quo Warranto
Article 32: Only for Fundamental Rights
Article 226: For Fundamental Rights and Other Legal Rights
Can Habeas Corpus be issued against a private person? Yes, if they are illegally detaining someone.
Can Mandamus be issued against the President or Governor? No.
Can any citizen file Quo Warranto? Yes, even without a personal grievance.
Most frequently asked exam pair: Prohibition = Before Judgment; Certiorari = After Judgment.