Question

Mention the types of Writs.

Answer 1

1. Habeas Corpus 2) Mandamus 3) Prohibition 4) Certiorari 5) Quo-Warranto
   In the Indian legal system, there are five types of writs that can be issued by the courts to safeguard and enforce fundamental rights. These writs are derived from the provisions of Article 32 and Article 226 of the Indian Constitution. The five types of writs are:
   1. Habeas Corpus: Habeas Corpus means "to have the body." This writ is used to protect the individual's right to personal liberty. It is a remedy against illegal detention or imprisonment. The purpose of the writ is to bring the detained person before the court to ensure that their detention is lawful and just.
   2. Mandamus: Mandamus means "command" in Latin. This writ is issued by a higher court to a lower court, public authority, or government official, directing them to perform a specific duty that they are legally obligated to perform. The purpose of this writ is to ensure that public officials or bodies fulfill their legal obligations.
   3. Certiorari: Certiorari means "to be certified" in Latin. This writ is issued by a higher court to a lower court or tribunal, quashing or setting aside their decision. It is used when there is a jurisdictional error, violation of principles of natural justice, or an error of law apparent on the face of the record.
   4. Prohibition: Prohibition is a writ issued by a higher court to a lower court or tribunal, restraining them from exceeding their jurisdiction or acting beyond their lawful authority. The purpose of this writ is to prevent lower courts or tribunals from making decisions or taking actions that they are not authorized to do.
   5. Quo Warranto: Quo Warranto means "by what authority" in Latin. This writ is used to inquire into the legality of a person holding a public office or position. It challenges the authority or legal right of an individual to hold a particular public office or position. The purpose of this writ is to ensure that public offices are held by individuals who are legally qualified to hold them.
   These writs are powerful tools available to the courts to protect fundamental rights, ensure justice, and maintain the rule of law in India.