Explain in detail the various writs issued by the courts
Answers
Answer:Types of Writs:
There are five types of writs –Habeas corpus , Quo warraranto , Mandamus , Certiorari and Prohibition
1. Habeas Corpus:
The latin term habeas corpus means ‘you must have the body ‘ and a writ for securing the liberty was called habeas corpus ad subjiciendum. By this writ the court directs the person or authority who has detained another person to bring the body of the prisoner before the court so as to enable the court to decide the validity , jurisdiction or justification for such detention. The principal aim of the writ is to ensure swift judicial review of alleged unlawful detention on liberty or freedom of the prisoner or detention . The great value of the writ is that it enables immediate determination of the right of a person as to his freedom.
2. Quo Warranto:
The term quowarrantomeans what is your authority . The writ of quo warranto is used to judicially control executive action in the matter of making appointments to public offices under relevant statutory provisions . The writ is also used to protect a citizen from the holder of a public office to which he has no right . The writ calls upon the holder of a public office to show to the court under what authority he is holding the office in question . If he is not entitled to the office , the court may restrain him from acting in the office and may also declare the office to be vacant . The writ proceedings not only give a weapon to control the executive from making appointments to public office against law but also tend to protect the public from being deprived of public office to which it has a right.
Quo warranto prevents illegal usurpation of public office by an individual . the necessary ingredients to be satisfied by the court before issuing a writ is that the office in question must be public , created by the constitution or a law and the person holding the office is not legally qualified to hold the office in clear infringements of provisions of the constitution or the law . It is the person against whom writ of quo warranto is directed , who is required to show by what authority the person is entitled to hold the office . While issuing such a writ , the High court merely makes a public declaration of the illegality of the appointment and will not consider other factors , which may be relevant for issuance of a writ of certiorari.
3. Mandamus
Mandamusis a command issued by a court to an authority directing it to perform a public duty imposed upon it by law . For example , when a body omits to decide a matter which it is bound to decide , it can be commanded to decide the same.
In Bombay municipality v. Advance Builders, the court directed the municipality to implement a planning scheme which was prepared by it and approved by the Government under the relevant statute but on which no action was taken for a considerable time.
4. Certiorari and Prohibition
These writs are designed to prevent the excess of power by public authorities . Formerly these writs were issued only to judicial and quasi-judicial bodies. Certiorari and Prohibition are regarded as general remedies for the judicial control of both quasi judicial and administrative decisions affecting rights.
Certiorari under Art. 226 is issued for correcting gross error of jurisdiction i.e. when a subordinate court is found to have acted (1) without jurisdiction or by assuming jurisdiction where there exists none , or (2) in excess of its jurisdiction by over stepping or crossing the limits of jurisdiction or (3) acting in flagrant disregard of law or rules of procedure or acting in violation of principles of natural justice where there is no procedure specified and thereby occasioning failure of justice.
A writ of prohibition is normally issued when inferior court or tribunal (a) proceeds to act without jurisdiction or in excess of jurisdiction (b) proceeds to act in violation of rules of natural justice or (c) proceeds to act under a law which is itself ultra vires or unconstitutional or (d) proceeds to act in contravention of fundamental rights.
These writs are issued on the following grounds : when the authority is acting or has acted under an invalid law; jurisdictional error; error apparent on the face of record ; findings of fact not supported by the evidence ; failure of natural justice.
Explanation: