Write a short notice on (a) Writ Petitions (b) Habeas Corpus (c) Mandamus (d) Certiorari (c)

Prohibition and Quo warranto

INTRODUCTION: The Constitution has provided its citizens with different rights like the right to
education, right to dignity, right to life, right to express, right to equality, etc. There is no meaning of
Rights until they are properly protected.

There are 5 types of the writ. 1. Habeas Corpus; 2. Mandamus; 3. Certiorari; 4. Prohibition; & 5.
Quo warranto. All 5 of them are Latin terms! "Writ" means a kind of a Remedy.

1st- Writ of Habeas Corpus: It means to have a body. To produce a body. This is the most powerful and
most used writ. If the state illegally detains a person, then such an individual by himself - or through his
relatives or friends- can use the Writ of Habeas Corpus for the release of that person. So whenever you
use this writ, SC or the HC asks the Detaining authority- That on what basis the person was detained? If
the basis is found to be unreasonable, then the detention ends and he is to be released with immediate
effect! 1st In the case Rudul Shah v. State of Bihar- A person who had already completed his period of
detention- was still kept in prison for - an EXTRA 14 yrs! In this case, the Writ of Habeas Corpus was
used- which led to his immediate Release Additionally he was given Exemplary Damages! So Writ of
Habeas Corpus is used to demand the production or release of a person who is illegally detained.

2nd - Writ of Mandamus: which means, 'WE COMMAND' You can use this Writ on any statutory, non-
statutory, University, Tribunals, etc., and Command them to perform their Public Duty. i.e., Through this
Writ, you can command a public official to perform his Public Duty. Let's discuss this case to understand
the Writ In this Case, the Financial Co-op had an agreement with the Lotus Hotels that we will release the
funds so that you can complete your construction work. Later, they refuse to release the Funds So, Lotus
Hotels approach the Gujarat High Court Gujarat HC by using the Writ of Mandamus, directs the
Authority to perform the Public Duty which it promised to perform! There is 1 condition pre-requisite for
the application of Writ of Mandamus - There should be a Public Duty.

3rd - Writ of Certiorari: It means - 'To be Certified' Thought this Writ, SC amp; HC, can command the
Lower Courts to submit its Records- for their Review. In the review, it is checked - that whether the
Lower Court Judgments are illegal or not. Now when can Lower Courts' judgments be Illegal? 1. Excess
of Jurisdiction 2. Lack of Jurisdiction 3. Jurisdiction is Un-Constitutional 4. Violation of Principles of
Natural Justice. If the LC's Judgments are found to be illegal, then they are Quashed. which means that
their judgment has no value now and is not to be followed.
 4th- Writ of Prohibition: Prohibition and Certiorari have a little difference You must have heard of this
statement- 'Prevention is Better than Cure' The difference that`s between Prevention and Cure, the same
difference exists between Prohibition and Certiorari Remember it this way: 'P' = Prevention = Prohibition
and 'C' = Cure = Certiorari. As we`ve learned that - if an illegal judgment is announced - then to Quash it
- to CURE the mistake- you have to use Certiorari But, if before the judgment is announced, if you want
to PREVENT the mistake, then you use the Writ of Prohibition Prohibition = 'To Forbid' So Prohibition is
used, until the Lower Court has pronounced the Judgment And if the LC has pronounced an illegal
judgment.

5th- Writ of Certiorari: For example, you are a College Student - therefore, I am safely assuming that
you must have cleared college`s Entrance Eligibility - whether it's Clearing 12th Board or getting
minimum marks required or qualifying Entrance Exam You must have qualified in College`s Entrance
Eligibility! If it is found out that you have not cleared the Entrance Eligibility - Then you can be removed
from the college. Exactly this principle is followed in the Writ of Quo Warranto, which means 'By what
Authority' By using this Writ, Courts can question any Public Officer - that by what authority have you
assumed this Public Office? If the Officer`s Title is defective- then he has to vacate the Office!

Quick Recap:
 1. If you have to ask a Public Officer - that by what authority have you assumed the Office - You use the
Writ of Quo Warranto.
 2. If you have to stop a Court from pronouncing a judgment - then you use the Writ of Prohibition.
 3. But if the Court has already pronounced the Judgment and - you want to stop the judgment from
coming into Effect - then you use the Writ of Certiorari.
 4. If you want to Command a public officer- to perform his Public Duty - Then you use the Writ of
Mandamus
 5. And if you want to save a person from Illegal Detention- then use the Writ of Habeas Corpus