Writ of Habeas Corpus and Indian Constitution

Writ of habeas corpus is issued in the form of an order calling upon a person who has detained another person to bring that person before the court to let it know under what authority he has detained that person. Habeas Corpus is a process by which a person who is confined without legal justification may secure a release from his confinement. It is an effective...

Writ of mandamus and Indian Constitution

Writ of mandamus is an order by the superior court commanding a person or a public authority to do or forbear to do something in the nature of public duty. In other words, it is a judicial remedy which is in the form of an order from a superior court to any government, court, corporation, or any public authority to do or to forbear from doing some specific act which that body is obliged under law to...

Writ of certiorari and duty to act judicially

Certiorari means “to be certified” or “to be informed”. It is issued by a higher court to the lower court, either to transfer the case pending with the later to itself OR to quash the order of the later. Hence, unlike the Writ of prohibition, which is only preventive the Writ of certiorari is both preventive as well as curative. Writ of certiorari...

Writ of Quo Warranto in India

The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. It is a notice of demand, issued by a person, to the respondent claiming some delegated power, and filed with a court of competent jurisdiction. ...

Writ of Prohibition in India

Writ of prohibitio, also called as Writ of prohibition commands the court or tribunal to whom it is issued to refrain from doing something, which it is about to do. This Writ is issued by either Supreme Court or High Court to an inferior court forbidding it to continue proceedings in a case in excess of its jurisdiction. Writ of prohibitio prevents a tribunal...