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Writs and nature of writ

 Writs and nature of writ


Before the British rule, kings used to rule their territory, and the rules of the territory used to be

according to the king of the territory as per their wish , There was no interference this matter from

the public.

In the year 1950 ,India got its constitution in which the public of India received its fundamental

rights.

Article 32 and 226 of the Indian Constitution speaks about the protection of fundamental rights.

The four important articles when it comes to protection of fundamental rights are -

Article 13- which talks about judicial review

Article 32 -is one of the fundamental rights of the Indian citizen

Article 226 is performed by the High Court of India

Article 359 – Emergency provision

Writ is a constitutional remedy. It is an order issued by administrative or judicial body in the form of

warrants , prerogative writs and supboenas.

Under Indian constitution only high court and supreme court can issue writs . Article 32 and Article

139 -power of the Supreme Court to issue writ, it is the jurisdiction is for the entire state and Article

226-Writ power of the High Court ,it has the jurisdiction for some selected states.

When a fundamental right is violated ,in this case writ is issued by the Supreme Court under article

32 . , When a non-fundamental right is violated , in this case Supreme Court issues writ under article

139.

Article 226 is wider in scope when compared to article 32 of the Indian constitution as it gives power

to the High Court to issue writs, in case of violation of any non-fundamental rights and fundamental

rights.

Nature of writ jurisdiction

These can be the reasons where Supreme Court High Court can reject plea, which came under writ

application

Locus standi

In this the person filing the writ petition must be related or should have direct connection with that

case

Exception in case of Habeas corpus and Quo warranto , Direct connection is not required

Alternative relief-if there are any alternative Remedy available for the application existing under writ

, courts can guide such person to take the alternative remedy and reject the plea under writ

jurisdiction .

Res judicata - once the verdict of the case is given by the court, A person cannot approach the court

of same or lower rank for the same case. It can only approach the higher court

Questions of the facts -


Laches -if there is unreasonable delay by the person who is applying for writ are called laches and it

can be one of the reasons for the refusal

The five type of rates

1- habeas corpus

2-Mandamus

3-Certiorari

4-Prohibition

5-Quo- warranto

1-Habeas corpus means to produce the body or to bring the body

2-Writ of mandamus - literal meaning - we command

It will address any person who has refused to perform his duty or Quasi public duty and there is no

other remedy to make him perform his duties.

3- Writ of certiorari - literal meaning - to quash

Quash here means to reject or nullify,

Whenever Supreme Court or High Court feels that the judge or the lower court don’t have the

jurisdiction to try the case or if they are personally interested in the case can Quash the judgement

of the court.

4-Writ of prohibition

In this, whenever the Supreme Court and High Court feels that the judge of the lower court don’t

have the required jurisdiction t, is prevented to make any arbitrary judgement further by the high

court or supreme court.

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