COLLEGE OF LAW
WRIT HABEAS CORPUS & WRIT MANDAMUS
Prof: Mr. Pawar Sir
LLB - Sem VI
What is a “Writ”?
A “writ” is written court order which commands someone to do something or to refrain from doing something. This term originated in English common law where it was first used to describe a written command from the King. As such, a writ carried great weight and authority. American common law incorporated the term “writ” into its legal system as well.
In modern American law, a “writ” is distinguishable from a mere “order” in that writs are generally only used to grant extraordinary relief. For example, a Writ of Habeas Corpus is an order which releases a person from confinement. (Habeas corpus is a Latin term, meaning “you have the body.” Oftentimes, the word “Writ” is followed by a Latin word or phrase which describes the purpose of the writ.)
As per Indian laws, writs are a written order issued by a Court. It includes the writ of prohibition, habeas corpus, mandamus, certiorari and quo warranto.
The Indian Constitution empowers the Supreme Court to issue writs as mentioned above for enforcement of any of the fundamental rights conferred by Part III of Indian Constitution. (Article 32) Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen. The Right to Constitutional Remedies, as we know, is a guarantor of all other fundamental rights available to the people of India.
In addition to the above, the Constitution also provides for the Parliament to confer on the Supreme Court power to issue writs, for purposes other than those mentioned above.
Similarly High Courts in India are also empowered to issue writs for the enforcement of any of the rights conferred by Part III and for any other purpose.
Types of Writs
There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari...