Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights.

Types of Writs in India

The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:

1. Habeas Corpus

   1. The Supreme Court or High Court can issue this writ against both private and public authorities.

   2. Habeas Corpus cannot be issued in the following cases:

      o When detention is lawful

      o When the proceeding is for contempt of a legislature or a court

      o Detention is by a competent court

      o Detention is outside the jurisdiction of the court

2. Mandamus

   1. Unlike Habeas Corpus, Mandamus cannot be issued against a private individual

   2. Mandamus cannot be issued in the following cases:

      o To enforce departmental instruction that does not possess statutory force

      o To order someone to work when the kind of work is discretionary and not mandatory

      o To enforce a contractual obligation

      o Mandamus can’t be issued against the Indian President or State Governors

      o Against the Chief Justice of a High Court acting in a judicial capacity

3. Prohibition

   1. Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
   2. It can’t be issued against administrative authorities, legislative bodies and private individuals or bodies.

4. Certiorari

   1. Pre-1991: The writ of Certiorari used to be issued only against judicial and quasi-judicial authorities and not against administrative authorities
   2. Post-1991: The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals
   3. It cannot be issued against legislative bodies and private individuals or bodies.

5. Quo-Warranto

   1. Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved
   2. It can’t be issued against private or ministerial office