Writ Petition Meaning
A writ petition is a formal written petition into a court in order to preserve fundamental rights. Generally, the writs are often filed in the Supreme Court or High Court of India, whereas they can also be filed in other courts based on the jurisdiction.
These articles of the Indian Constitution gives the authority to the courts to issue writs.
A higher court can issue writs, which are orders to subordinates or other organizations to do certain things or stop from doing things that violate the law or someone's rights. A court may grant any one of the following five kinds of writs:
Types of Writ Petition
Habeas Corpus: The process of bringing a person who has been wrongfully detained.
Mandamus: To order a public authority to carry out their duty which is not performing.
Prohibition: It helps to prevent lower courts or tribunal from going beyond their powers.
Certiorari: To overrule a decision delivered by a lower court or tribunal.
Quo Warranto: Challenge the authority of persons who serve in a public capacity.
Constitutional remedies (Article 32) known as writs that curb violations of the fundamental rights guaranteed under part III of the constitution. In the formats specified by the constitution, it is a written order.
The constitution has entrusted these remedies to ensure that fundamental rights be upheld. It may take the shape of directives, summonses, orders, warrants, etc. The person who feels wronged submits a writ petition to the appropriate authority in order to request the issuance of a writ. Dr. B.R. Ambedkar said - (Article 32) as “Soul” of the Constitution.
Basis for Filing a Writ Petition
1. Fundamental Rights Violation: When your rights, including equality, freedom of speech, and personal liberty, are infringed.
2. Failure to Perform Legal Duties: When a legal authority fails to carry out a legally required act or obligation.
3. Use of Excessive Power by Legal Authority: When a legal authority operates beyond its jurisdiction or abuses its power.
4. Unlawful Acts: When a decision or course of conduct is ruled to be unlawful.
Habeas Corpus
The exact meaning of "habeas corpus" is "to produce a body." The purpose of this writ is to free someone who has been wrongfully detained or imprisoned. Through this writ, the Court orders that the person who is being detained, and examines whether the detention was lawful or not. The court will give the order for immediate release if the detention was unlawful or illegal.
Examples of Unlawful Detention:
In simple words - all custody will be considered unlawful that did not follow the procedure given under the law. This writ guarantees a speedy judicial investigation of the prisoner's claimed "wrongful detention" and it provides an instant ruling on his right to freedom.
Habeas corpus cannot be granted, however, in cases where an arrest was made in accordance with law or by order of the court. The person who is being held may file this petition on his own behalf or on behalf of his friends or family. It can be applied to both private citizens and public officials.
Mandamus
The meaning of the term "Mandamus" is described as "we command." Basically, the Court issues it to order a public authority to carry out constitutional responsibilities that have been neglected or refused to perform.
The court can issue this writ against:
But it has some limitations also while issuing, for instance it cannot be issued against Chief Justice, the president or governors of states, or a private person or organization. Only against the public offices can it be released.
This writ of mandamus makes sure that public officials perform their duty properly and stay within the limits. This helps to prevent failure of justice in public offices. When a public authority has no obligations to fulfill, it cannot be issued.
A person can file this writ for the performance of duty of public authority but who acts in good faith. In addition to having the legal right to do so, the individual requesting mandamus must have demanded that the duty be performed and the authority had denied their request.
Prohibition
A court can issue a writ of prohibition to stop subordinate courts, tribunals, and other quasi-judicial authorities from acting beyond their powers. In contrast to mandamus, which commands activity, it is granted to direct inactivity.
It is granted in cases where the lower court or tribunal violates fundamental rights, natural justice principles, or acts outside of its authority. It may also be granted in cases where a lower court or tribunal operates under a legislation that is outside its authority.
Quo Warranto
"By what authority or warrant" is the translation of "quo warranto" in English. The Court uses this writ to require a public official to show that by which authority or power he/she holds that position.
The individual can be removed from such a position if he/she is determined ineligible to hold it. Its goal is to prevent misuse of any public office by stopping someone from holding an office to which he is not legally qualified. A private office does not fall under the ambit of this writ.
Only when the following requirements are met this writ can be issued:
Certiorari
The word "certiorari" means "certify" and it is known as corrective writ. If the court feels that the lower court or tribunal has made an injustice or issued an order that is beyond its jurisdiction, this certiorari writ transfers the matter to itself or overrules the judgement.
By believing that the lower court or tribunal has made an error of law or passed an order that is outside its authority. There are following example given below under which the Supreme Court or High Court may issue writ of certiorari to the lower courts or tribunals:
