WRIT PETITION

Legal ethics and court crafts

GENERAL MEANING
General Meaning - a formal
order in Writing issued under
seal, in the name of a
sovereign, government, Court
or other authority,
commanding an officer or
other person to whom it is
issued, to do or refrain from
doing some act specified
therein.
 Constitutional Remedy

Under the Indian Constitution, Supreme Court and

High Court are empowered to issue writs, for the
enforcement of fundamental rights.
Article 32 - Supreme Court
Article 226 High Court
Article 32
Constitution of India It grants an extensive original
jurisdiction to the Supreme Court in regard to
enforcement of Fundamental Right.

Article 226
Constitution of India It can be exercised not only for the
enforcement of fundamental right but for any other
purpose. Jurisdiction is wide and extends to
Fundamental rights and other constitutional rights.
 TYPES OF WRITS

HABEAS CORPUS
MANDAMUS
PROHIBITION
CERTIORARI
QUO-WARRANTO
 Writ of Habeas Corpus

Habeas Corpus means, "you may have the body." A

person, when arrested, can move the Court for the
issue of Habeas Corpus. It is an order by a Court to the
detaining authority to produce the arrested person
before it so that it may examine whether the person
has been detained lawfully or otherwise. If the Court is
convinced that the person is illegally detained, it can
issue orders for his release.
Who can apply?

General rule is that an application can be made by a

person who is illegally detained. But in certain cases,
an application of habeas corpus can be made by any
person on behalf of the prisoner, i.e., a friend or a
relation.
Sunil Batra Vs. Delhi Administration
and Ors. etc
The Supreme Court enlarged the scope of habeas
corpus, making available the fundamental rights of
the prisoners

The law must be enforced

fairly and firmly.
 Writ of Mandamus

Mandamus is a Latin word, which means "We Command".

Mandamus is an order from a superior court to a lower court or
tribunal or public authority to perform an act, which falls
within its duty. Simply, it is a writ issued to a public official to
do a thing which is a part of his official duty, but, which, he has
failed to do, so far. This writ cannot be claimed as a matter of
right. It is the discretionary power of a court to issue such writs.
 Barada Kanta VS. State of West
Bengal

In this case, writ of mandamus does not lie against a

private individual or any private organization because
they are not entrusted with a public duty.

Power corrupts,
absolute power
corrupts absolutely.
 Writ of Prohibition

Writ of prohibition means to forbid or to stop and it is

popularly known as 'Stay Order'. This writ is issued when
a lower court or a body tries to transgress the limits or
powers vested in it. It is a writ issued by a superior court
to lower court or a tribunal forbidding it to perform an act
outside its jurisdiction. After the issue of this writ,
proceedings in the lower court etc. come to a stop.
 S. Govinda Menon VS. Union of India

The writ is issued in both cases where there is excess of

jurisdiction and where there is absence of jurisdiction.

Constitution is not a mere

lawyers document, it is a vehicle
of Life, and its spirit is always the
spirit of Age.
 Writ of Certiorari

Literally, Certiorari means to be certified. The writ of

certiorari is issued by the Supreme Court to some
inferior court or tribunal to transfer the matter to it or
to some other superior authority for proper
consideration.
 Hari Vishnu VS. Ahmad Ishaque
The writ is issued for correcting an error of law
apparent on the face of records. It cannot be issued to
correct an error of fact.

“If I find the constitution

being misused, I shall be
the first to burn it.”
 Madan Gopal VS. Union of India

Apply both Prohibition and Certiorari - Prohibition to

prevent the court to proceed further with the case and
Certiorari for quashing what had already been
decided.

“Right is duty well

performed”.
 Writ of Quo-Warranto

The word Quo-Warranto literally means "on what

authority one is holding the public office" It is a writ
issued with a view to restraining a person from acting in a
public office to which he is not entitled. For example, a
person of 62 years has been appointed to fill a public office
whereas the retirement age is 60 years. Now, the
appropriate High Court has a right to issue a writ of quo-
warranto against the person and declare the office vacant.
 Baij VS. State of U.P.

Where the holder of an office has been continuing in

office for a long time and there is no complaint against
him the court refused the writ as it would have been
vexatious

“Arise, awake and stop

not till the goal is
achieved”
Thank You