Insectivorous Plants |  Causes of Revolt of 1857 in Points |  Ordinance Making Power of President and Governors |  Mangroves Cover in India |  Coral Reefs in India |  Seasons and Climate in India |  Constitutional and Statutory Bodies in India |  Rock Edicts of Ashoka |  Types of Motions in Parliamentary Procedure |  Types of Majorities in Parliament |  Pressure Groups in World and India |  Order of Precedence |  Types of Rocks |  Treaties in Indian History |  Types of Rocks |  Features of Indian Economy |  Geographical Indications |  Ancient History Terminology and Meanings |  Schedules of the Constitution |  Nuclear Power Plants in India List  |  Types of Clouds for SSC CGL | Nuclear Power Plants in India ListTypes of Ocean CurrentsStructure: Layers of EarthAPPSC Group 1 Answer KeySSC JE 2017 QUESTION PAPEROne Word Substitution for SSC and Bank ExamsMPSC Answer Key 2017 2017Layers of AtmosphereMPSC Answer Key 2017 2017BPSC Solved Question Paper 2017MPPSC Solved Question Paper 2017GST Bill IndiaDelhi SultanateLaw Commission of IndiaOscar Awards Winner 2017 ListDiseases in CropsCommon Drugs and UsesDifferent Types of Deserts in WorldUPSC Civil Services Exam-2016 Answer KeyUPSC CAPF Exam-2016 Answer Key | UPPSC UPPER Subordinate Exam-2016 Answer Key | Regulatory BodiesNational Parks in India | International Airports in India  | United Nation International Years National Highways | National Birds of Countries | Sessions of Congress  | Facts About Kerala
Tropical Deciduous Forest |  Hoolock Gibbon: National Parks |  Sectors of Indian Economy |  How Legislative Council is Formed |  Insectivorous Plants |  Causes of Revolt of 1857 in Points |  Ordinance Making Power of President and Governors |  Mangroves Cover in India |  Coral Reefs in India |  Seasons and Climate in India |  Constitutional and Statutory Bodies in India |  Rock Edicts of Ashoka |  Types of Motions in Parliamentary Procedure |  Types of Majorities in Parliament |  Pressure Groups in World and India |  Order of Precedence |  Types of Rocks |  Treaties in Indian History |  Types of Rocks |  Features of Indian Economy |  Geographical Indications |  Ancient History Terminology and Meanings |  Schedules of the Constitution |  Nuclear Power Plants in India List  |  Types of Clouds for SSC CGL | Nuclear Power Plants in India ListTypes of Ocean CurrentsStructure: Layers of EarthAPPSC Group 1 Answer KeySSC JE 2017 QUESTION PAPEROne Word Substitution for SSC and Bank ExamsMPSC Answer Key 2017 2017Layers of AtmosphereMPSC Answer Key 2017 2017BPSC Solved Question Paper 2017MPPSC Solved Question Paper 2017GST Bill IndiaDelhi SultanateLaw Commission of IndiaOscar Awards Winner 2017 ListDiseases in CropsCommon Drugs and UsesDifferent Types of Deserts in WorldUPSC Civil Services Exam-2016 Answer KeyUPSC CAPF Exam-2016 Answer Key | UPPSC UPPER Subordinate Exam-2016 Answer Key | Regulatory BodiesNational Parks in India | International Airports in India  | United Nation International Years 
Ordinance Making Power of President and Governors |  Mangroves Cover in India |  Coral Reefs in India |  Seasons and Climate in India |  Constitutional and Statutory Bodies in India |  Rock Edicts of Ashoka |  Types of Motions in Parliamentary Procedure |  Types of Majorities in Parliament |  Pressure Groups in World and India |  Order of Precedence |  Types of Rocks |  Treaties in Indian History |  Types of Rocks |  Features of Indian Economy |  Geographical Indications |  Ancient History Terminology and Meanings |  Schedules of the Constitution |  Nuclear Power Plants in India List  |  Types of Clouds for SSC CGL | Nuclear Power Plants in India ListTypes of Ocean CurrentsStructure: Layers of EarthAPPSC Group 1 Answer KeySSC JE 2017 QUESTION PAPEROne Word Substitution for SSC and Bank ExamsMPSC Answer Key 2017 2017Layers of AtmosphereMPSC Answer Key 2017 2017BPSC Solved Question Paper 2017MPPSC Solved Question Paper 2017GST Bill IndiaDelhi SultanateLaw Commission of IndiaOscar Awards Winner 2017 ListDiseases in CropsCommon Drugs and UsesDifferent Types of Deserts in WorldUPSC Civil Services Exam-2016 Answer KeyUPSC CAPF Exam-2016 Answer Key | UPPSC UPPER Subordinate Exam-2016 Answer Key
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Saturday, 19 November 2016

Different Types of Writs in Constitution

  GKPlanet Team       Saturday, 19 November 2016




»In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a courtWarrantsprerogative writs and subpoenas are common types of writ but many forms exist and have existed.
»In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction. Further, Parliament by law can extend power to issue writs to any other courts (including local courts) for local limits of jurisdiction of such courts.
»Under the Article 32 of Constitution of India, anyone can move the Supreme Court of India for getting the relief when the individuals fundamental right is infringed by the State (as described under Article 13 of the Constitution) and not for any other right.
»As Writ jurisdiction is enjoyed only by the Supreme Court and High Courts under Article 32 and 226 of the Constitution, respectively.
»A writ petition can only be filed against the State and not against private individuals or organisation.
»A writ is issued by the court, in general, against the State. Under their writ jurisdiction Supreme Court and High Courts issue appropriate writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

 List of Writs issued by Supreme and High Courts of India

Writ Name
Meaning
Purpose of the Writ
Habeas Corpus
You may have the body
To release a person who has been detained unlawfully whether in prison or in custody
Mandamus
We Command
To secure the performance of public duties by lower court, tribunal or public authority
Certiorari
To be certified 
To quash the order already passed by an inferior court, tribunal or quasi judicial authority
Prohibition
The act of stopping something
To prohibit an inferior court from continuing the proceedings in a particular case where it has no jurisdiction to try
Quo Warranto 
What is your Authority
To restrain a person from holding a public office to which he is not entitled




SC issues 5 types of writs:
1. Habeas Corpus (meaning - you may have the body) : To release a person who has been detained unlawfully, whether in prison or in private custody.
   Example: The habeas writ was used in the Rajan case, a student victim of torture in local police custody during the nationwide Emergency in India in 1976.On 12th March 2014, Subrata Roy's counsel approached the Chief Justice moving a habeas corpus petition. It was also filed by Panthers Party to protest the imprisonment of Anna Hazare.
2.Mandamus (meaning - we command) : To secure the performance of public duties by a lower court, tribunal or public authority, which they fail to do on their own.
Example: mainly to keep power of police in check when they resort to hooliganism.
3.Certiorari (meaning - to be certified) : To quash an order already passed by a          lower court, tribunal or quasi-judicial authority.
ExamplePankaj Kumar Ganguly And Ors. vs Bank Of India And Ors. on 17 April, 1956
4.Prohibition: To prohibit an inferior court from continuing the proceedings in a case when it is outside their jurisdiction.
ExampleA.Dhanasekaran vs The Commissioner on 21 March, 2011
5.Quo warranto (meaning - what is your authority) : To restrain a person from holding a public office to which he is not entitled.
Example: removal of CVC of India PJ Thomas by SC.
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