Writ

WRIT

The Indian Constitution provides Fundamental rights which holds extraordinary importance as they guarantee basic civil liberties to the citizens of India. When such rights are infringed, an individual has the right to ‘constitutional remedy’ mentioned under Article 32 and Article 226 of the Indian Constitution.

What is a Writ?

A Writ is a formal written order by the Supreme Court of India or High Court of any state to an individual, organization or the state. It is an authoritative command by the court directing the individual or an organization to do an act or not to do an act.

A Writ petition can be filed by any person whose fundamental rights are violated. Such individual can either approach the Supreme court under Article 32 of the Indian Constitution or the High Court under Article 226 of the Indian Constitution.

Types of Writs

There are five kinds of writs issued by the Supreme court of India or High Court foe enforcing the fundamental rights of the citizens, namely:

1. HABEAS CORPUS

Habeas Corpus literally means, “to find the body of”. This writ is issued by the courts to physically bring the person to the court so as to analyze the legitimacy of his detainment. A Writ of Habeas Corpus can only be issued by the courts in following circumstances:

1. When any person is unlawfully detained
2. When any person is detained intentionally to cause them harm
3. When any person is arrested when there is no violation of law
4. When any arrested person is not produced before a Magistrate within 24 hours.

After the court assess the grounds of detainment, it can either acquit them or set them free. The team at Icorp legal will help you file a writ of Habeas Corpus for illegal detention.

2. MANDAMUS

Mandamus literally means “we order”. Under this Writ, the courts have the power to order the inferior courts to do an act or abstain from doing an Act. Writ of Mandamus cannot be issued against a private person but only against the State or the public officials, institutions, inferior courts or the government.

When can a writ of Mandamus be filed?

1. Existence of a legal right which is enforceable by law
2. Enforcement of such right imposes a duty on a person, public authority, corporation or government
3. Such duty is of public nature

ICorp legal can help you file a writ of Mandamus:

• For a direction to any department either Central Government or State Government for their inaction
• For a direction to any public authority for them in action
• For a direction to any corporation including Municipal Corporations for their inaction.
• For a direction to any university either Central or State for their inaction
• For a direction to any Quasi-Judicial Authority for their inaction
• For a direction to any Bank or Financial Institutions

3. PROHIBITION

Prohibition means ‘to prevent’. A writ of Prohibition is issued by the Supreme court or High Court to prohibit an inferior court or tribunal from exceeding its jurisdiction or giving an order which, such court or tribunal is not legally allowed to give. The writ of prohibition, compels the inferior courts to keep within the limits of their jurisdiction.

The Writ of Prohibition can only be enforced in following circumstances:

1. When a court or tribunal has overstepped the jurisdiction
2. When a court of tribunal has acted against the provisions of law
3. When the proceedings are pending before inferior court or tribunal and not when an order has already been passed.
4. When the body is quasi-judicial or judicial

      4.WRIT OF CERTIORARI

Certiorari literally means ‘to certify’ or ‘to inform’. This writ is issued by the higher court directing an inferior court to either transfer a pending to the higher court or to quash an order given by such inferior court. The writ of Certiorari prevents any lower court from acting in excess of their jurisdiction or lack of jurisdiction further correcting the mistakes in the judiciary. If the Supreme court or high court is of the opinion that there has been a violation of natural justice or there has been a fundamental error in the procedure, the court can quash the order of the court.

Writ of certiorari can be ordered on following grounds:

1. When an inferior court oversteps its jurisdiction
2. When there is an error apparent on the record
3. When there is violation of natural justice

Icorp Legal provides the following services:

• Challenging the orders passed by Central Government or State Government.
• Challenging the orders passed by corporations including Municipal Corporations
• Challenging the orders passed by universities either Central or State.
• Challenging the orders passed by Quasi-Judicial Authority.
• Challenging the orders passed by Tribunals either Central or State
• Challenging the orders passed by Administrative Tribunals either Central or State
• Quashing the FIR (First Information Report)

5. QUO WARRANTO

Quo warranto literally means “On what warrant”. The writ of Quo Warranto is issued against a public official directing him to show the court under what authority he holds office. It is issued when there’s a doubt about the validity of such person holding the public office.

Requirements laid down by the Supreme Court for filing a Writ of Quo-Warranto

1. A disputed post must be a public post
2. The person holding the post mustn’t have any legal authority
3. The office should be substantive

The iCorp Legal has a wealth of experience in filing and defending Writ petitions before many other High Courts in India. We provide expert advice on how to deal with arbitrary actions of State authorities, from strategizing and communication with State authorities, to file writ petitions for our clients and represent them various high courts.