writ
Article 32 empowers the Supreme Court, and Article 226 the High Courts, to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Article 32 is itself a fundamental right and applies only to enforce fundamental rights. Article 226 is wider: a High Court may issue writs for fundamental rights “and for any other purpose”, that is, for legal rights as well.
The five writs serve different ends: habeas corpus against unlawful detention; mandamus to compel performance of a public duty; prohibition to stop an inferior court or tribunal from exceeding jurisdiction; certiorari to quash an order made without jurisdiction or in breach of natural justice; and quo warranto to question a person's right to hold a public office. Writ jurisdiction is discretionary and normally refused where an adequate alternative remedy exists, except for violation of fundamental rights or natural justice.
Example
The petitioner was detained without being produced before a Magistrate, so the High Court issued a writ of habeas corpus under Article 226.
In Indian law
- Articles 32 and 226, Constitution of India
See also
habeas corpus · mandamus · certiorari · quo warranto
Read more in the study notes
- Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
- Rule of law and droit administratif (Administrative Law)
- Classification of administrative action (Administrative Law)
- Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
- Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
- Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)