Professional Documents
Culture Documents
INTRODUCTION
Presently the inquiry emerges that what is a writ? The significance of the
word ‘Writs’ signifies order recorded as a hard copy for the sake of the
Court. It is an authoritative record given by the court that arranges an
individual or element to play out a particular demonstration or to stop
playing out a particular activity or deed. Orders, warrants, bearings,
summons, and so forth are all basically writs. A writ appeal is an application
recorded under the watchful eye of the skilled Court mentioning it to give a
particular writ.
Who can file a writ petition? A writ request can be documented by any
individual whose Fundamental Rights have been encroached by the State.
Under a Public Interest Litigation, any open energetic individual may
document a writ request in light of a legitimate concern for the overall
population regardless of whether his own Fundamental Right has not
encroached.
Where can a writ petition be filed? Under Article 32, a writ appeal can
be documented in the Supreme Court. The Supreme Court can give a writ
in particular if the candidate can demonstrate that his Fundamental Right
has encroached. Under Article 226, a writ appeal can be documented
under the steady gaze of any High Court inside whose purview the reason
for activity emerges, either entirely or to some extent.
TYPES OF WRIT
1. HABEAS CORPUS.
It is a real sense signifies “to have a body of”. This writ is utilized to
deliver an individual who has been unlawfully confined or detained. By
ideals of this writ, the Court coordinates the individual so confined to be
brought before it to analyze the legitimateness of his detainment. Assuming
the Court reasons that the detainment was unlawful, it guides the individual
to be delivered right away.
Conditions of unlawful detention are: The confinement was not done as per
the method set down. For example, the individual was not created before a
Magistrate within 24 hours of his arrest. The individual was captured when
he didn’t abuse any law. A capture was made under a law that is illegal.
2. MANDAMUS
A writ of mandamus, which in Latin signifies “we order, or once in a
while “we command”, is the name of this right writ in the common law. It is
given by a better court than force a lower court or an administration official
to perform obligatory or absolutely ecclesiastical obligations accurately.
Mandamus is an order by the Supreme Court or High Courts to any open
power to do or not to accomplish something in the idea of public obligation.
It is given against the people or specialists who neglect to play out their
compulsory obligations. For the motivation behind giving writ of mandamus,
the official should have a pubic obligation and should neglect to perform
such obligation. The candidate of this writ should likewise have the option
to constrain the presence of some obligation cast upon the power.
3. QUO-WARRANTO
It signifies ‘what is your authority?’ It is an Order scrutinizing the authority
of an individual holding a public office. It is given against the holder of a
public office calling upon him to show with what authority he holds such
office. The object of this writ is to control the leader’s activity in making
arrangements to the public workplaces and furthermore to shield general
society from usurpers of public workplaces.
4. PROHIBITION
It signifies ‘to prevent. Each Court is relied upon to act inside the
restrictions of their purview. A writ of preclusion is given to keep a
substandard Court or Tribunal from surpassing its locale, which isn’t
legitimately vested, or acting without a ward or acting contrary to the
standards of common equity. The writ of Prohibition can be given against
the Courts as well as against the specialists practicing legal or semi-legal
capacities.
5. CERTIORARI
It intends ‘to certify’. Certiorari is a curative writ. It is an Order by the
Supreme Court or the High Courts to a substandard Court to eliminate a
suit from such second rate Court and mediate upon the legitimacy of the
procedures or to suppress the Orders of the sub-par Court. Writ of
Certiorari can be given against any second rate Courts as well as against a
body practicing legal or semi-legal capacities. This writ is given under the
administrative or unique ward and not under the redrafting purview. Any
individual whose central right is abused can apply for a Writ of Certiorari.
In the case of Rafiq Khan v State of UP[6], the Magistrate kept up the
conviction of the charge as passed by a Panchayat Adalat which is no1
approved under Section 85 of the U. P. Panchayat Raj Act, 1947.
Henceforth, the High Court subdued the conviction by a writ of certiorari.
CONCLUSION
Image Reference
Post navigation