15-12-2017, 09:30 AM
*Orders issued by the courts for the enforcement of Fundamental Rights are called ‘writs’.
*Only the Supreme Court and the High Courts have the power to issue writs. *Supreme court issues writs under Article 32 and the High
*The idea of ‘writ’ is taken from Britain.
Types of writs
*There are five categories of writs. They are courts issue writs under Article 226.
1.Habeas Corpus
2.Mandamus
3.Quo-Warranto
4.Prohibition
5.Certiorari
1.Habeas Corpus : The word Habeas Corpus is originated from Latin. It literally means “to have the body” or to produce the body” It is an order issued by the court, to a person who has detained another person, to produce the latter before the court.
*The writ of Habeas Corpus is known as the protector (Bulwark) of 'personal freedom.
*The writ of Habeas Corpus is first appeared in the Magnacarta of 1215 signed by King John IInd at Runnymede.
*Magnacarta is the first written document relating to the fundamental rights of citizens.
2.Mandamus : Mandamus literally means 'We command' . It is a command issued by the court to a public official asking him to perform his duties that he has failed or refused to perform.
*The writ of Mandamus cannot be issued against a private individual.
3.Quo-Warranto : Literally means ‘by what authority’. It is issued by the court to enquire into the legality of claim of a person to a public office and oust him if he is not qualified to hold that office.
4.Prohibition : It literally means ‘to forbid'. It is issued by the Supreme Court or High Courts to a lower court to a tribunal to prevent the latter from exceeding its jurisdiction.
