Writs in Indian Law: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto & More

Writs in Indian Law

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

AK Roy vs Union of India, Kanu Sanyal vs District Magistrate

Mandamus

"Mandamus" is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

East India vs Collector of Customs

Certiorari

"Certiorari" means "to be certified". The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. It is to nullify or quash an order made without jurisdiction or in violation of natural justice.

Syed Yakoob vs Radhakrishnan, Prabodh Verma vs State of UP

Prohibition

"Prohibition" means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try.

Hari Vishnu Kamath vs Ahmad Ishaque

Quo-Warranto

"Quo-Warranto" literally means "by what warrants?" or "what is your authority?". It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.

Lakhapal vs A.N. Roy

Locus Standi (Who can apply) - Public Interest Litigation

'Locus Standi' or 'Standing' means the legal capacity of a person to initiate court proceedings.

The general rule is that only a person whose fundamental rights are infringed has locus standi or the right to move the Supreme Court or High Court for a writ to enforce his fundamental rights.

Doctrine of Proportionality

The doctrine of proportionality ordains that administrative measures must not be more drastic than is necessary for attaining the desired result. The action of the authority should be reasonable. If an action taken by the authority is grossly disproportionate or unreasonable, the court would nullify the action by applying the principle of proportionality.

Estoppel

Estoppel is a rule of evidence. It is a doctrine evolved by equity in order to prevent injustice. The basic principle of estoppel is that if a person by his declaration, act or omission, intentionally caused another person to believe a thing to be true and to act upon such belief, he shall not be allowed to deny the truth of that thing, even though it is wrong. Justice here prevails over truth. Section 115 of the Indian Evidence Act deals with the doctrine of estoppel.

The earlier view was that the doctrine of promissory estoppel would only be applicable to private persons and the state would not be bound by the doctrine. Thus even if a person had acted on the basis of a promise given by the State, the state could subsequently deny the promise.

The modern view is that the doctrine of promissory estoppel is not applicable to private persons but also to the state. The Government is liable to carry out promises given to individuals.

Union of India vs Anglo Afghan Agencies, Motilal Padampat Sugar Mills vs State of UP