Types of Writs

Writ 

The Supreme Court of India has the authority to issue the Writ under Article 32 of the Constitution. When a citizen's Fundamental Right is infringed, he or she has the right to approach the Supreme Court directly to seek enforcement of his or her rights, and the Court may issue the necessary Writ to do so.

Article 226 also gives the High Courts of India the authority to grant Writs. While individuals may only go to the Supreme Court if their basic rights have been violated, they also have the right to go to the High Court for Writs in cases when their fundamental rights have not been breached. For example, in Smt. Imtiaz Bano vs. Masood Ahmad Jafri And Ors., a woman sought custody of her two children via a writ suit under Article 226. The petition was granted by the High Court, and a writ was issued in her favour. As a result, the scope of the authority to issue Writs in High Courts is greater than in the Supreme Court. A is an Indian citizen whose Fundamental Right has been infringed upon. A has the option of going to the Supreme Court or the High Court to enforce his entitlement. However, if A's right is violated but it is not a Fundamental Right, he merely has the right to file a complaint with the High Court under Article 226. 

As a result, a citizen has the option of approaching either the Supreme Court or the High Court for the issuance of writs, but if he chooses to approach one of the Courts and his suit is dismissed, the citizen will be unable to file the same suit in the other Court because the principle of res judicata is followed in India, which means that a second case cannot be filed for the same cause of action. However, if a person brings a matter to the High Court and the High Court does not rule in his favour, he has the right to appeal to the Supreme Court. Example: A files a suit in the High Court under Article 226 and the Court accepts it. The High Court decided in favour of the defendant once the case's procedures were completed. In this case, A has the right to appeal the High Court's judgement to the Supreme Court. However, if A's action was dismissed by the High Court, he does not have the right to appeal to the Supreme Court.

Types of Writs 

The Indian Constitution specifies five different kinds of writs that courts may issue. They are as follows:

• Habeas Corpus 
• Mandamus
• Certiorari
• Quo Warranto
• Prohibition

Habeas Corpus 

 

Courts grant Writs of Habeas Corpus in situations when a person has been wrongfully imprisoned. Habeas Corpus, which literally means "to have the body," is one of the most powerful remedies accessible to an imprisoned individual.

The person or authority who has detained or restricted another person must bring that person before the Court under the terms of this Writ. The Court compels the detaining person to explain the reasons for the person's detention, and if he fails to do so, the person who has been held will be freed immediately by the Court.

A is unjustly held by B, who is a police officer. Concerning this, a letter was sent to the High Court. The High Court summons B and A and inquires about the reasons for A's detention. A will be free to go if B fails to offer a legitimate reason or explanation for A's detention.                                                                    

This Writ is crucial for citizens' personal liberty because if the Constitution does not provide for it, a person may be illegally confined or detained by any authority, which would be a blatant infringement of citizens' personal liberty. Despite the fact that the aim of this Writ is to protect a person from being imprisoned, it will only apply where the detention or restriction is illegal. This Writ cannot be issued if the Court considers the reasons for detention to be legitimate. Furthermore, if the Court authorises a person's custody, it is not illegal detention, and this Writ cannot be issued.

This Writ may be used not only by the person who is detained, but also by someone acting on behalf of the detained person.