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Introduction

The Constitution of India stands as the supreme legal document of our nation, guaranteeing citizens’ fundamental rights and providing the means to enforce them. One of the most powerful mechanisms ensuring these rights are respected is the system of writs—extraordinary judicial remedies issued by the Supreme Court and the High Courts.

As Dr. B.R. Ambedkar described, the Right to Constitutional Remedies (Article 32) is the “heart and soul” of the Constitution because it allows individuals to directly approach the apex court when their rights are infringed.

Historical Background

The concept of writs originates from English common law. In medieval England, writs were formal written orders issued by the King’s Court to ensure justice and legality. Over time, they became essential tools for judicial oversight over administrative actions.

In India, writ jurisdiction began under the Regulating Act of 1773 and later expanded under the Indian High Courts Act of 1861. After independence, the Constitution extended this power to all citizens, ensuring nationwide access to justice.

Meaning and Nature of Writs

The term “writ” derives from the Anglo-Saxon word gewrit, meaning “written order.” Under Indian law, a writ is an order by a superior court directing a person or authority to act or refrain from acting in a particular manner.

• Article 32 – Supreme Court’s power to issue writs for enforcing Fundamental Rights.
• Article 226 – High Courts’ power to issue writs for enforcing fundamental and other legal rights.

Importance of Writs

Writs are vital instruments in maintaining the rule of law. They provide citizens with direct access to justice when administrative or governmental authorities exceed their powers or violate fundamental rights.

Types of Writs Under the Constitution of India

1. Habeas Corpus – “You may have the body”

The Writ of Habeas Corpus protects individual liberty against unlawful detention. The court directs the detaining authority to produce the detainee and justify the detention.

2. Mandamus – “We command”

The Writ of Mandamus compels a public authority, tribunal, or government officer to perform a duty legally required of them. It ensures accountability and prevents neglect of legal obligations.

3. Certiorari – “To be informed”

The Writ of Certiorari is issued to quash the order of a lower court or tribunal if it acts without jurisdiction or violates natural justice.

Example: When a consumer court decides a criminal case beyond its jurisdiction, higher courts can annul such orders.

Case Reference: Nagendra Nath Bora v. Commissioner of Hills Division (1958)

4. Prohibition – “To forbid”

The Writ of Prohibition prevents lower courts or tribunals from proceeding with matters beyond their jurisdiction. It is a preventive writ, unlike Certiorari which is corrective.

5. Quo Warranto – “By what authority”

The Writ of Quo Warranto challenges the legality of a person’s claim to a public office. It ensures that only duly qualified individuals occupy public positions.

Case Reference: Purshottam Lal Sharma v. State of Rajasthan (1979)

Articles 32 and 226: Constitutional Foundation

Article 32 – Supreme Court

• Provides direct access to the Supreme Court of India for enforcing fundamental rights.
• The right to move the Supreme Court itself is a fundamental right.

Article 226 – High Courts

• Gives wider jurisdiction to High Courts for enforcement of fundamental and other legal rights.
• High Courts can act even when non-fundamental legal rights are violated.

Difference Between Prohibition and Certiorari

Conclusion

Writs under the Indian Constitution represent the cornerstone of judicial review. They empower courts to uphold the rule of law and ensure that no authority acts beyond legal limits. Through Articles 32 and 226, citizens are guaranteed access to justice—making writs a vital safeguard of democracy, liberty, and equality.