Saturday, June 3, 2023

Indian Writs Summary (Writs under Indian constitution)

Under the Indian Constitution, various types of writs are available to protect the fundamental rights of individuals and ensure the proper functioning of the legal system. The power to issue these writs is vested with the Supreme Court and High Courts of India. Here are the different types of writs recognized under the Indian Constitution:

Habeas Corpus: This writ is used to safeguard personal liberty and ensures that a person is not unlawfully detained. It empowers the court to order the release of a person who has been unlawfully detained or is held in violation of their fundamental rights.

Mandamus: Mandamus means "we command" in Latin. This writ is issued by a higher court (Supreme Court or High Court) to a lower court, public authority, or any person or body to perform their legal or statutory duty. It is issued when the concerned authority fails to perform its obligations.

Prohibition: This writ is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction or acting beyond its powers. It is generally issued to prevent a lower court from continuing proceedings in a particular matter.

Certiorari: Certiorari means "to be certified" in Latin. This writ is issued by a higher court to a lower court or tribunal to quash its order or decision. It is issued when the lower court has acted without jurisdiction or in excess of its jurisdiction.

Quo Warranto: Quo warranto means "by what authority" in Latin. This writ is issued to inquire into the legality of a person holding a public office or a position of trust. It questions the authority of the person to continue to hold that office.

Procedendo: Procedendo means "to proceed" in Latin. This writ is issued by a higher court to a lower court or tribunal to compel it to proceed with a case pending before it. It is issued when the lower court delays the proceedings or fails to perform its duty.

These writs play a crucial role in protecting the fundamental rights of individuals and maintaining the rule of law in India. They provide an effective mechanism for individuals to seek legal remedies and ensure accountability of public authorities.

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