ABCD

5LEGAL ENGLISH v

Petition Writing • Mandamus – literally ‘we command’ – the higher courts order

the lower court, tribunal, forum or any other public authority to do any act

which anyway falls under the purview of their duty, when they fail to do so. –

requirements of the writ of mandamus: • There should be a legal right in

existence, and enforceable by the court • Enforcement of such a right must

impose a responsibility on a person, public authority, corporation or government

• Such responsibility is of public nature – Who can file the Writ of Mandamus?

• Any person or private body if they have legal rights in the concerned matter to

do so. Petition Writing • Prohibition – issued either by the Supreme Court or

High Court to prohibit – when the lower courts including the tribunals, forums

or any public authority (magistrate, commissions or any other judicial officers)

does something in excess of their jurisdiction – commonly referred to as stay

order – The conditions for it to be issued are: • When there is an excess of

jurisdiction, or • When there is an absence of jurisdiction. Petition Writing •

Certiorari: – Literally ‘to be certified’ – May be issued against subordinate

courts or quasi- judicial bodies – Circumstances under which it may be issued: •

The absence of their jurisdiction, or exceed their jurisdiction or fail to make use

of their jurisdiction • There should be a court, tribunal or an officer having the

legal authority to determine the question with a duty to act judicially • Such a
court, tribunal or officer must have passed an order acting without jurisdiction.

Or in excess of the judicial authority vested by the law in such a court, tribunal

or officer. • The order could also be against the principles of natural justice. Or

the order could contain an error of judgment in appreciating the facts of the case

Petition Writing • Quo-Warranto – In context of ‘by what authority’ or, ‘on

whose authority is one holding a public office’. – issued to restrain a person

from acting in the capacity of a public office to which they do not have the

entitlement. – Circumstances under which it may be issued: • A disputed post

must be the public post • The post should be held by the person without any

legal authority • The office must be a substantive one and not merely the

function or employment of a servant at the will and during the pleasure of

another. Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto