There are 5 types of writs in the Indian Constitution namely Habeas Corpus, Mandamus, Prohibition, Certiorari and  Quo Warranto. Types of Writs in the Indian Constitution or the 5 types of writs that have been mentioned are  Writs are in the form of  written orders issued by  courts  to perform a specific action or prohibit from such action.

What is  a Writ?

Writs are basically  written orders  that provide for constitutional remedies  of  Citizens  when there is a  violation of  fundamental rights. If we look at Article 32  which  deals with constitutional remedies for a citizen to seek constitutional remedies from  the Supreme Court of India in case of violation of  fundamental rights. The High Court has the same power under Article 226. Basically when one files a writ petition in Supreme Court it will be under Article 32 of the Constitution of India and in case of High Court it would be under Article 226 of the Constitution of India

What are the various types of Writs in India ?

There are  five kinds of writs for enforcing the fundamental rights of citizens that is it works against violation of fundamental rights of citizens. The five types of writs given below with their definitions

Habeas Corpus

In Latin the word ‘Habeas Corpus’ means  ‘To have the body of.’ An important writ to safeguard  individual liberty against unlawful detention. Purpose of this writ is to examine whether the detention of a person is lawful .thereby ensuring  that no one is  unlawfully detained which is to say without following due process.Writ of habeas corpus can be brought against both private and public authorities.

Mandamus

This writ means  ‘We command.’  and is used direct the public official  who has failed to perform his duty or refused to do his duty, and thereby to resume his work.

• Mandamus cannot be issued against a private individual

Mandamus is used to enforce legal rights which is   issued by a higher court to  direct or compel a lower court, government official, or government agency to perform a specific act which is a legal obligation to perform such acts.

Prohibition

This writ is also widely known as  ‘Prohibition’ is ‘To forbid.’  The writ of Prohibition is issued by a higher court to prevent a lower court or tribunal. This writ is used to prohibit the lower court from  exceeding its jurisdiction or acting beyond its authority as prescribed by law.

Certiorari

Writ of  ‘Certiorari’  also means  ‘To be certified’ or ‘To be informed.’ Writ of Certiorari is issued by a higher court to review the decision of a lower court or tribunal. Purpose of this writ is to correct  errors of law or jurisdictional issues.

This writ  cannot be issued against legislative bodies and private individuals or bodies.

Quo-Warranto

Meaning of  ‘Quo-Warranto’ is ‘By what authority or warrant.’ Purpose of this writ is to  inquire into the legality of a claim to a public office or authority  thereby challenging the authority of the  who holds  the office or  such position. It cannot  be issued against private or ministerial office.

Conclusion-Types of Writs in the Indian Constitution

For more information on the  the question of What is Writ  and Types of Writs in Indian Constitution and any other information regarding filing of writ petition before the Hon’ble Supreme Court of India or any High Court  in India you may  click here

Also you may contact Advocate Tapan Choudhury at 9873628941 for any information regarding writs and filing petitions. you may also visit the website  for more information about filing writ petitions in the Supreme Court as well as High Court of any state in India.