WRIT
A writ is a formal, legal document that orders a person or entity to perform or to cease
performing a specific action or deed. The meaning of the word ‘Writs’ means command
in writing in the name of the Court.
Habeas Corpus means "to have a body of."
- It's a writ used to release unlawfully detained persons.
- Court orders the detained person to be brought before it.
- It examines legality of detention.
- Unlawful detention circumstances:
1. Not following proper arrest procedure.
2. Arrest without violating any law.
3. Arrest under unconstitutional law.
- Sunil Batra v. Delhi Administration (1980): Co-convict's letter led to habeas corpus for
prisoner protection. Writ extended beyond illegal arrest to prevent maltreatment.
- Kanu Sanyal v. District Magistrate Darjeeling (1974): Habeas corpus focuses on legality
of detention, not just "produce the body." Seen as procedural, not substantive.
Mandamus means "we command."
- It directs a public authority to perform legal duties.
- Issued against public officials, corporations, tribunals, etc.
- Cannot be issued against private individuals, Presidents, Governors, or working Chief
Justices.
- Not issued if duty is discretionary, non-statutory, involves purely private rights, violates
law, or if other remedies exist.
- Ensures public authorities stay within their jurisdiction.
- Aimed at preventing disorder from justice failure.
- Filed by a person in good faith with interest in duty's performance.
- Legal right and prior demand for duty's performance required.
- All India Tea Trading Co. v. S.D.O. (AIR 1962 Ass 20): Land Acquisition Officer refused
interest payment on compensation. Mandamus issued to reconsider interest payment
application.
- Suganmal v. State of M.P. (AIR 1965 SC 1740): Petitioner seeks mandamus for tax
refund. Supreme Court rules mandamus cannot compel refund without proper legal basis.
Suit for refund is the appropriate remedy.
Quo Warranto means "by what warrant."
- Court questions authority of a person holding a public office.
- If unauthorized, person may be removed.z
- Aims to prevent usurpation of public office.
- Not applicable to private offices.
- Conditions for issuance:
1. Office wrongfully assumed by private person.
2. Office created by constitution or law, holder unqualified.
3. Office term permanent.
4. Duties of office must be public in nature.
- Kumar Padma Padam Prasad v. Union of India (AIR 1992 SC 1213): Mr. K.N. Srivastava
appointed as Judge of Gauhati High Court. Writ petition filed challenging Srivastava's
qualification. Supreme Court issues quo warranto, finding Srivastava unqualified.
Appointment quashed.
- Jamalpur Arya Samaj Sabha v. Dr D Rama (AIR 1954 Pat. 297): Petition for quo warranto
against Bihar Raj Arya Samaj Pratinidhi Sabha. High Court refuses as private body, not
public office.
Certiorari means "to certify."
- Curative writ used when lower court or tribunal exceeds its powers or commits legal
error.
- Supreme Court or High Court issues certiorari to subordinate courts or tribunals.
- Circumstances for issuance:
1. Subordinate court acts without jurisdiction or assumes jurisdiction improperly.
2. Subordinate court exceeds jurisdiction.
3. Subordinate court disregards law or procedural rules.
4. Subordinate court violates principles of natural justice without specified procedure.
- Rafiq Khan v State of U.P.: Sub-divisional Magistrate modifies order of Panchayati Adalat,
contrary to law. Allahabad High Court quashes Magistrate's order via writ of certiorari.
Want of jurisdiction can arise from nature of subject matter, requiring entire case review.
- Express Newspaper Ltd. v Workers: Industrial tribunal's jurisdiction questioned:
industrial or non-industrial dispute? Supreme Court asserts High Court's power to issue
certiorari if tribunal assumes jurisdiction over non-industrial dispute. High Court's
authority to issue appropriate writ not subject to question.
Writ of Prohibition:
- Court prohibits lower courts, tribunals from exceeding authority.
- Directs inactivity unlike mandamus.
- Issued when lower court acts without or beyond jurisdiction, violates natural justice, or
contravenes fundamental rights.
- Also issued if lower court acts under ultra vires law.
- Difference from Certiorari:
- Certiorari issued after case is decided, to quash lower court's order.
- Prohibition issued during pending case to halt proceedings of lower court acting
beyond jurisdiction.
- East India Commercial Co. Ltd. v Collector of Customs: Supreme Court defines writ of
prohibition. Orders inferior courts, tribunals to halt proceedings due to excess or lack of
jurisdiction.
- S. Govinda Menon v Union of India: Supreme Court explains jurisdiction for granting writ
of prohibition. Prohibition's primary purpose is to prevent inferior courts, tribunals from
exceeding jurisdictional limits. Writ applicable not only for excess of jurisdiction or abuse
of power but also for actions contravening rules of Natural Justice.