Writs Origin Meaning

1. habeas corpus Latin You may have the body

2. mandamus Latin We command

3. prohibition English To stop/ forbid

4. quo warranto Latin By what authority

5. certiorari Latin To be Certified

Habeas Corpus

This writ has been described as the writ of right which is grantable ex
debito justitae. The writ of habeas corpus is used to secure the release of
a person who has been detained unlawfully or without lawful
justification. Value of the writ is an immediate determination of a
person‘s right to freedom.

Mandamus

The writ of mandamus is issued to enforce the performance of public

duties by authorities of all kinds. The court may command a public
authority to perform duty belonging to the office of statutory nature. The
object is to prevent the disorder from a failure of justice, where justice
despite demanded has not been granted. Mandamus is a very wide
remedy and which must be easily available to reach injustice wherever it
is found technicalities should not come in the way of granting this relief.

Prohibition

The writ of prohibition is also called as preventive writ. Prohibition is

issuable before the proceedings are completed. It is issued to restrain a
lower court from acting under an unconstitutional law. In the absence of
very cogent and strong reason issuance of the writ of prohibition is
improper.

Quo Warranto

This writ calls upon the holder of a public office to show to the court
under what authority he is holding that office. Its views to restrain a
person from acting in the public capacity which he is not entitled to.

The Court may oust a person from an office to which he is not entitled.
It is issued against the usurper of the office and the appointing authority
is not a party.

Certiorari

The writ of certiorari is issued to quash the decision after the decision
has already been taken by a lower Tribunal. It may be that in the
proceeding before an inferior court the High Court may have issued both
prohibitions to prohibit the body from proceeding and certiorari further
to invalidate what it has already been done by it.